What is legislation? Distinguished between supreme and subordinate legislation.
1) Introduction
The term “Legislation” is derived from the Latin word “Legis” which means “Law” and “latum” which means “to make”. Legislation means the making of law. In a wider sense, the term legislation includes all methods of law-making. Legislation is a source of law which is called enacted law, written law or statute law. Legislation is a law which has been enacted by a legislature or by a state even by local authorities. Legislation is an act or process of making of law, and law consists of the legal principle of the state or locality
2) Definition of legislation
The process of making of law or enactment of a law by the legislative authority of the state is called legislation A law or group of laws made by the government and the process of making laws is called legislation
3) Legislation as a source of law
Legislation as a source of law is being discussed under the following approaches
1. Analytical approach
According to supporters of this school, only the legislation is the source of the law. The
majority of advocates of this school say that customs are not a source of law and courts
cannot make law. But they only consider legislation a source of law
2. Historical approach
According to supporters of this school, the legislation is the smallest source of law. The main function of legislation is only to give better form to law. They say that legislation has not played a creative role. They do not consider legislation as a source of law
Criticism
Both Analytical and Historical Schools are defining the legislation as a source of law.
The mistake made by the Analytical school, they consider only the legislation as a source of law and do not give importance to customs and courts
The mistake made by the Historical school, they do not regard legislation as a source of law
Functions of legislation
Legislation has two functions according to its nature.
- To organise and create new laws from customs. In modern times there is no doubt about its creative nature
- Analysis of the positivity or negativity of the customs to making the legal principle
4) Kinds of legislation
Following are the two kinds of legislation
- 1. Supreme legislation
- 2. Subordinate legislation
1. Supreme legislation
Supreme legislation is that which proceeds from the supreme legislative powers in the State. Such legislation cannot be repealed, cancelled or controlled by any other
legislative authority. It is impossible to impose limitations on the supreme authority of the state and such a superior person does not get disobedience by no one
Example
In England, Parliament is the supreme legislative authority. An act of parliament cannot be repealed or cancelled for unreasonableness or any other reason
2. Subordinate legislation
Subordinate legislation is that which proceeds from any authority other than the supreme legislative powers of the state. Such kind of legislation can be repealed or cancelled by superior legislative powers of the state. It depends for its existence and validity on some superior authority
Example
Legislation made by the Municipal corporation is subordinate legislation which easily can be repealed by superiors' legislative powers due for some reason
Types of Subordinate Legislation
Following are the five kinds of subordinate legislation
1) Colonial legislation
Colonial legislation is such legislation which is made by the legislatures of colonies or other authorities. The parliament can repeal, change or cancel any colonial legislation
2) Executive legislation
The main functions of the executive-legislative authority are to enforce the laws which have been enacted by the legislative authorities of the state for administrative functions of the state
The executive sets some rules and regulations which are checked and controlled by the below authorities.
- Parliament supervise the subordinate legislative authorities
- Judicial control
- Public opinion
- Experts'/Legislatures opinion
3) Judicial legislation
Judicial legislation is such legislation which is made by the judicial courts of the state. The superior courts are given limited powers to make general rules for the regulation of their judicial procedures.
4) Municipal legislation
Municipal legislation is such legislation which is made by municipal authorities.
Sometimes municipal authorities are given limited powers to make the general rules for the administration of their area Municipal authorities can punish the offender according to rules made by them
5) Autonomous legislation
Autonomous legislation is such legislation which is made by private personalities such as Universities, railway companies society etc to control the actions of their member and these rules are enforceable by law
5) Sources of legislation
Following are the sources of law as details are as under:
1. Society
Society is the basic source of legislation. Without it, any kind of legislation and the making of rules is not possible. People live together in a social community as all customs and traditions give rise to society, and all legal or illegal activities are performed in society based on which legislation can be made. There is no concept of legislation without a society
2. Customs and traditions
Custom and tradition are the basic sources of legislation while customs help the courts and jurists during the enactment of legal rules for betterment of the society
In modern times, courts are enacting laws keeping in view the practising customs of the peoples
3. Judicial decisions
Judicial decisions are called precedents. Precedent helps courts and judges in the enactment of new laws which are called legislation.
6) Conclusion
Delegated legislation is necessary for many reasons; as faster legislation is needed to be created while it was not possible with insufficient parliamentary time and relevant knowledge. Legislation consists of the declaration of legal rules by a competent authority. There are two ways for authentic legislation one is by Supreme power of the state and the other is by subordinate authority of the state. Supreme legislation dominates all other legislations and it can’t be repealed or cancelled by any other authority. Subordinate legislation depends upon supreme legislative powers for its existence