Legislation- Types of Legislation in jurisprudence
In this article, we are going to explain the legislation and Types 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.
Salmond defines, “Legislation is that source of law which consists in the declaration of legal rules by a competent authority”.
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.
Types 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:
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.
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
Now we discuss these all kinds of subordinate legislation in detail
The law made by a person or body other than parliament with the permission of parliament is called delegated legislation. For more detail click