Jurisprudence

In this article, we are going to explain the legislation and Kinds of Legislation. The legislation means lawmaking. When a law making body that is specifically authorized to make a law formulates laws it is known as legislation. It has its own importance as a source of law and can be easily distinguished from other sources of law like precedent and custom.

Legislation derived from two words legis meaning law and latum meaning to make put or set. So, generally speaking, legislation means lawmaking. The process of making and enacting law by the authorized bodies is called legislation.

 

Kinds Of Legislation

Salmond- Definition

Salmond defines, “Legislation is that source of law which consists in the declaration of legal rules by a competent authority”.

Austin – Definition

According to John Austin, the legislation includes activities, which result in law-making or amending,  transforming, or inserting new provisions in the existing law. thus “there can be no law without a legislative act.

Kinds of  Legislation

The legislation is divided into different authorities on the basis of different matters. Generally, legislation is divided into two main categories– Supreme Legislation and Subordinate Legislation.

Supreme Legislation: When a parliament itself makes a law it is called supreme legislation. When sovereign delegates lawmaking power to other body it is called subordinate Legislation or secondary legislation. some other kinds of legislation are:

  1. Supreme Legislation
  2. subordinate Legislation
  3. Delegated Legislation

Supreme Legislation

When a supreme authority (parliament) of a state or sovereign itself makes any law it is called supreme legislation. There is no other authority that has the power to control or check the supreme legislation. There are no limitations in supreme legislation.

Subordinate legislation

When a supreme authority authorizes any subordinate body to make laws then it is called subordinate Legislation. It is checked and controlled by the supreme authority. Subordinate Legislation is further divided into mention above types.

Kinds of subordinate legislation 

  1. Colonial Legislation
  2. Judicial Legislation
  3. Autonomous Legislation
  4. Executive Legislation
  5. Municipal Legislation

Now we discuss these all kinds of subordinate legislation in detail

  • Colonial Legislation: When a country is controlling to another country and the controller country has the authority to supervise laws in a subordinate country. When laws made by a subordinate country is called colonial laws.

 

  • Judicial Legislation: Judicial rules made by the judge is called judicial legislation. In this judges make rules and regulations of their own procedure by using delegated legislative powers. Judicial Legislation is different from precedent whereby judges create new laws. The judicial branch has no power to veto any legislation, but they only can use judicial review and challenged legislation. For example, the power of the High Court and supreme court to make rules for their own administration.

 

  • Autonomous Legislation: Sometimes the state allows private persons like universities, Railway companies, Wapda and, etc to make bye-laws that are recognized and enforced by law. Such legislation is usually called Autonomous Legislation. These companies may make bye-laws for the regulation of their undertaking. Likewise, a University may take students for the Government of its members.

 

  • Executive Legislation:  The powers delegated by parliament to the executive are known as executive laws. The executive consists of Prime Minister, President, Governor, govt officers, etc. Parliament simply delegates its functions to the executive to make its own laws to run a department. For example, President cab makes a rule for himself to regulate his office for good performance.

 

  • Municipal legislation: Limited powers are given to municipal authorities to enact laws for their governance. It also called the bye-laws. The power is conferred by supreme legislation. Local government is the best example of municipal legislation.

 Delegated Legislation

The law made by a person or body other than parliament with the permission of parliament is called delegated legislation. For more detail click

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In this article, we are going to explain the types of possession. In law, it is difficult to define the concept of possession because there is no precise definition of possession. Possession means physical control over an object.  It is factual as well as a legal concept. But, we can say that it is the physical custody, control, or occupancy of anything with a definite intention of ownership.

Kinds of Possession

Definition

Possession means physical control over an object.

Types of Possession

Kinds of Possession of possessions according to the law are as follows:

  • Corporeal possession.
  • Incorporeal Possession.
  • Mediate possession.
  • Immediate possession.
  • Constructive possession.
  • Adverse possession.
  • De facto possession.
  • De jure possession.

Explanation of Types of Possession

Types of possession detail are given below with examples.

Corporeal possession

Possession of a material or tangible object is called corporeal possession, thus it is the continuing exercise of a claim on the use of a material or tangible object. For Example House, car, cycle, pen, etc.

Incorporeal Possession

Incorporeal possession is the possession of intangible objects or non-material objects. Thus, it is a continuing exercise of a claim on the use of a non-material or intangible object. For example Trademark, goodwill, patent, copyright, etc.

Mediate Possession or indirect possession

Possession of things through a mediator (middleman) like an agent, friend, or servant is called medicate possession. It is also called indirect possession. If a house owner let his house to a tenant. The tenant is bound to hand over the house to the owner of the house whenever he decides. So the owner of the house has the mediate possession of the house through the tenant.

Immediate Possession/direct possession

When a possessor himself possesses the thing, we call it immediate possession. For example:  when anybody buys a pen from a shop and keep it for himself.  The pen is in the immediate possession of himself.

Constructive Possession

When anybody gives his possession to anybody for any purpose is called constructive possession. For example when I give the key to my car to the driver.  Here my driver was the constructive possessor of my car until he delivers me the key.

Adverse Possession

Adverse possession means the possession of some property or object, without legal title, for a specific time period, sufficient to become an acknowledged legal owner. For example Continuous use of private land or driveway or agricultural field of an unused piece of land.

De-facto Possession

De facto possession means the possession which exists in reality even if it is not legally recognized. For example, A common-law spouse can be considered as a de facto wife or de facto husband though they are not lawfully married, yet they live like a married couple.

De Jure Possession (types of possession)

De jure possessions are legally recognized possessions whether it exists in reality or not.  It is also known as juridical possession meaning possession in the eyes of law. For example, An owner of the house could cease a man to live in a house but without intending and to abandon it for good. It is a case of De jure possession.

Difference between Mediate and Direct Possession

Mediate possession is also called indirect possession in this possession object is possessed through the interference of some agency or another person. Example: If you tell a relative to purchase a cell for you from Pakistan and he purchased it and keeps it with him. This possession is called mediate possession until he will deliver it to you.
Immediate possession is also called direct possession when the object is possessed by him.
Example: If you purchase a chair from a shop and keep it with you, it is immediate possession.

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