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”.
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.
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:
- Supreme Legislation
- subordinate Legislation
- Delegated 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.
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
- Colonial Legislation
- Judicial Legislation
- Autonomous Legislation
- Executive Legislation
- 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.
The law made by a person or body other than parliament with the permission of parliament is called delegated legislation. For more detail click