INTRODUCTION
Legislation refers to making or enacting laws by a governing body, such as a parliament or congress. It involves creating, amending, or repealing laws to regulate various aspects of society, including governance, commerce, social issues, and public behaviour. Legislation is crucial in establishing legal frameworks and promoting orderly and fair management.
MEANING OF LEGISLATION
Legislation means,
“To exercise the power and function of making laws and other rules binding on those for whom they are made.”
DEFINITION OF LEGISLATION
According to Salmond:
“Legislation is that source of law which consists in the declaration of legal rules by a competent authority
KINDS OF LEGISLATION
(A) Supreme Legislation
(B) Sub-ordinate Legislation
(A) SUPREME LEGISLATION
The Legislation that proceeds from the state’s supreme or sovereign power is called foremost. Any other legislative body can not repeal it.
For example, the National Assembly of Pakistan, the Congress of China, the USA, and the British parliament are sovereign law-making bodies because there are no external restraints on their absolute authority.
(B) SUB-ORDINATE LEGISLATION
Subordinate Legislation is that Legislation which proceeds from any authority other than sovereign power. It is dependent for its continued existence and validity on some superior or supreme leader.
For example, the Legislation of the imperial parliament in England is supreme, but all other forms of legislative action recognized by the law of England are sub-ordinate Legislation.
Kinds of Sub-ordinate Legislation:
Following are the five kinds of sub-ordinate Legislation.
1. JUDICIAL LEGISLATION
In some instances, legislative powers have also been given to the Judiciary to regulate their procedure. It is a valid Legislation, although it can not create new laws through precedents.
2. AUTONOMOUS LEGISLATION
Sometimes, the state allows private persons like railway companies, limited companies, universities, etc., to make by-laws recognized and enforced by law courts under the force of some statute.
For example, a Railway Company may make by-laws to regulate its understanding. Likewise, a university may make statutes for the government of its members.
3. MUNICIPAL LEGISLATION
Municipal authorities can also make by-laws for limited purposes for the area under their administration.
For example, WAPDA, WASA, LDA, Hotels & restaurants, etc.
4. EXECUTIVE LEGISLATION
Such laws made by the executive to conduct the state’s administrative department are called executive or delegated Legislation. For example, Health departments, Education, etc., are empowered to make laws for internal affairs.
5. 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, supersede or alter any colonial enactment.
MERITS OF LEGISLATION
Legislation enjoys excellent superiority over other methods of legal evolution. This trend is due to the following merits of the Legislation.
1. It cannot be Repealed:
Legislation is imposed on courts by the legislature. It cannot be repealed except by the Supreme Court.
2. It gives Statues:
Legislation creates statute law, and it is easier to interpret a statute than a precedent.
3. It is Constitutive and Abrogative:
Legislation is constitutive and abrogative. It is only a source of the new law but also the most effective instrument for abolishing the existing law.
4. Bring Efficiency to the System:
Legislation is based on the principle of division of labour and consequently enjoys the advantages of Efficiency.
5. Formal and Express Declaration of New Rules:
Legislation is formal and expresses the declaration of new rules by the legislature.
6. Satisfies the Requirement of Natural Justice:
The Legislation satisfies the natural justice requirement that laws be known before they are enforced.
7. Rules for Future Litigation:
Legislation can be a way of anticipating making rules for future litigation that have not originated yet.
8. Reduces Vagueness in Law:
Legislation is expressed clearly and unambiguously in a general and comprehensive form. Thus, it reduces vagueness in the law.
9. Clear, Brief & Accessible:
Statue law is clear, brief, easily accessible, and known as the rules are logically arranged so they can be easily discovered. It is the “coin of the realm ready for immediate use.”
10. Prospective:
Legislation is generally prospective.
11. Not Restricted:
In formulating or applying a new or old rule, the judge is bound by tradition and precedent. While no such restriction is imposed on the legislature when it makes the law.
12. It brings uniformity to Territory:
Legislation expresses a relationship between man and state, bringing in Territory.
13. It enables Planned Development:
The aim of the law is the progress and protection of society and individuals. For future planned progress, Legislation is necessary.
14. More Authorative:
Statute law is embodied in an authoritative form of written words, and this literary expression is essential to the law itself.
15. Certain Definitions are given:
Legislation results from a deliberate process so clear-cut definitions are provided, creating certainty.
16. Power of Self-Criticism & Self-Revision:
There may be an omission that must be made good, doubt to be settled, or a defect cured. The legislature may drop all this time, for it possesses powers of self-criticism and self-revision. Legislation can repeal today what it enacted yesterday.
DEMERITS OF LEGISLATION
1. Subject to Bias and Partiality:
Popular passions always sway politicians and are liable to make bad laws. This Legislation may be biased and partial.
2. Statutes are not Exhaustive:
The statutes are brief; they do not cover all the required aspects of a case.
3. Lacks Retroactive Effect:
Legislation lacks retroactive effect as it is prospective, and the results of acts already done cannot be altered.
4. Numerous and Complicate Statutes:
Modern statutes are so numerous and complicated that an ordinary layman often has little idea of his legal duties until he has broken them.
5. Rigid:
Statute law suffers from the defect of rigidity. Courts are bound by the letter of the law and cannot ignore the same.
6. Upsets the Settled Expectations:
Where statutes are not made retrospective, their passing may upset the settled expectations.
CONCLUSION
Legislation is creating, changing, or abolishing laws by a governing body. It regulates various aspects of society and establishes legal frameworks. It is vital in promoting fair governance and addressing governance, commerce, social matters, and public behaviour.
FAQs
Compare and contrast Legislation with Precedent as a source of law.
(2019-A)
Define Legislation. Discuss its various kinds.
(2017-S)
Define Legislation and discuss various principles of interpretation.
(2017-A, 2014-A)
Define Legislation. How is it superior to the precedent?
(2016-S, 2015-S)
Define Legislation. Compare various legislation features with the latter’s and discuss what superiority the former enjoys over the latter.
(2014-S)
