LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Covering the Field – Federal Decree Prevails Over State Law
PRINCIPLE STATEMENT
Decree No. 34 of 1974 laid down the law applicable to survey plans in the matter of their admissibility in evidence before courts throughout the Federation without the counter-signature of the Surveyor-General; it did cover the field of that particular subject matter throughout the Federation.
RATIO DECIDENDI (SOURCE)
"Decree No.34 of 1974 laid down the law applicable to survey plans in the matter of their admissibility in evidence before the courts throughout the Federation without the counter-signature of the Surveyor-General. In my view, it did cover the field of that particular subject matter throughout the Federation and I so hold."
EXPLANATION / SCOPE
The “covering the field” doctrine applies when federal legislation comprehensively regulates a subject matter, thereby excluding inconsistent state laws. When federal law “covers the field”: (1) it occupies the entire subject matter; (2) it provides complete regulation; (3) inconsistent state laws are displaced; (4) the federal law applies uniformly throughout the Federation. Here, Decree 34 of 1974 comprehensively regulated survey plan admissibility nationwide, excluding state requirements like Surveyor-General counter-signature. This federal supremacy serves: uniformity across the Federation, preventing conflicting state requirements, and ensuring federal regulation prevails in matters of national concern. The test: has the federal law comprehensively addressed the subject leaving no room for state regulation? If yes, the field is covered and state laws yield. This differs from: express federal-state conflict (where federal law specifically contradicts state law) versus covering the field (where federal law’s comprehensiveness implicitly excludes state regulation). Both result in federal supremacy but through different mechanisms.