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LEGISLATION
1. Introduction:
Legislatiion has been attributed as a formal legal and the most authentic source of law on the modern times. Variious jurists particularly the exponents of Analytical school regarded the legislation as the first and principal source of law. It denotes the inunciation of promulagation of laws by the legislature of state.
2. Meaning:
The term legislation has been derived from two Latin terms Legis meaning law and Latum meaning to make put or set Etymologically legislation means the making or the setting of law.
3. Kinds of Legislation:
i. Supreme Legislation:
a. Meaning:
According to Salmond Supreme legislations that which proceeds from the sovereign power in the state which is therefore incapable of being repealed annulled or controlled by any other legislative authority.
b. Binding force of Supreme Authority:
Since supreme legislation proceeds from the supreme authority so it is logically impossible for there to be any legal limitation upon its supremacy.
c. Doctrine of Parliammentary Sovereignty:
Parliament (Law making body in U.K and many other countries) is not only supreme but legally omnipotent.
ii. Subordinate Legislation:
Subordinate legislation is that which proceeds from any authority other than the sovereign power.
a. colonial Legislation:
The powers of self-government entrusted to the colonies and other dependencies of the crown are subject to the control of the imperial legislature which may repeal or alter any colonial enactment.
b. Judicial Legislation:
It is rule making power of the superior courts for the regulation of their own procedure.
c. Municipal Legislation:
Municipal authorities are also allowed to make bye-laws for limited purposes within their areas under administration.
d. Autonomous Legislation:
Sometimes the state allows private persons or body to make bye-law the recognised and enforced by law courts.
c. Delegated Legislation:
Such laws are made by the executive in order to conduct the administrative department of the state are called delegated legislation.
1. Introduction:
Legislatiion has been attributed as a formal legal and the most authentic source of law on the modern times. Variious jurists particularly the exponents of Analytical school regarded the legislation as the first and principal source of law. It denotes the inunciation of promulagation of laws by the legislature of state.
2. Meaning:
The term legislation has been derived from two Latin terms Legis meaning law and Latum meaning to make put or set Etymologically legislation means the making or the setting of law.
3. Kinds of Legislation:
i. Supreme Legislation:
a. Meaning:
According to Salmond Supreme legislations that which proceeds from the sovereign power in the state which is therefore incapable of being repealed annulled or controlled by any other legislative authority.
b. Binding force of Supreme Authority:
Since supreme legislation proceeds from the supreme authority so it is logically impossible for there to be any legal limitation upon its supremacy.
c. Doctrine of Parliammentary Sovereignty:
Parliament (Law making body in U.K and many other countries) is not only supreme but legally omnipotent.
ii. Subordinate Legislation:
Subordinate legislation is that which proceeds from any authority other than the sovereign power.
a. colonial Legislation:
The powers of self-government entrusted to the colonies and other dependencies of the crown are subject to the control of the imperial legislature which may repeal or alter any colonial enactment.
b. Judicial Legislation:
It is rule making power of the superior courts for the regulation of their own procedure.
c. Municipal Legislation:
Municipal authorities are also allowed to make bye-laws for limited purposes within their areas under administration.
d. Autonomous Legislation:
Sometimes the state allows private persons or body to make bye-law the recognised and enforced by law courts.
c. Delegated Legislation:
Such laws are made by the executive in order to conduct the administrative department of the state are called delegated legislation.