What is Legislation Definition and Overview of Legislation

Fri, 09/02/2011 - 03:21 -- Umar Farooq

What is Legislation

The term legislation is combined word which is derived from two Latin words, legis meaning law and latum meaning to make, put or set. Thus legislation means the making or the setting of law.

Definition of Legislation

According to Gray

Legislation is the formal utterances of the legislative organs of the society.

According to Salmond

Legislation is that source of law which consists in the declaration of legal rules by a competent authority.

According to Salmond legislation is used in three senses

  1. For all forms of law making (wider sense)
  2. For all expressions of the will of the legislative (strict sense)
  3. For the creation of law by way of authoritative declaration (sub-ordinate)

Legislation may be either direct or indirect. Direct legislation is the making of law by an express declaration thereof. Indirect legislation is the making of law not directly but indirectly in the course of some other transaction. Thus enactment of legislature is direct legislation, but the making of new rule of law and judicial decision is indirect legislation because the judge does not expressly make law as such. In this sense Holland said, “The making of general orders by our judges is as true legislation as is carried on by the Crown.

 Thus, legislation is the making of law by formal and express declaration of new rules by some authority, which is recognized as adequate for that purpose. It may be noted that the words formal and express are very important. For instance, the members of National Assembly of their own accord (which is an informal way) unite in the any college, university building and declare certain principles. Such principles will not have the force of law because the informal way. Formal way is that they should assemble in the building of National Assembly after the speaker had called the session and then declare new rules, which would certainly have the force or law.

Kinds of Legislation

  1. Supreme legislation
  2. Subordinate legislation
  • Colonial
  • Executive
  • Judicial
  • Municipal
  • Autonomous Read More

Advantages of Legislation

  1. Abrogative power
  2. Legislation allows advantageous division of labor
  3. Formal declaration before the commission
  4. It can make rules in anticipation  Read More

Defects of Legislation

  1. Legislation is rigid
  2. Based on Hypothetical facts
  3. Too much importance to wording

Codification of Law and its Kinds

Salmond defines codification as “the reduction of the whole corpus juis, so far as practicable to form enacted law.”  Read More

Kinds of codification are

  1. Creative Code
  2. Consolidating  Code
  3. Combine Code

Interpretation of Law

Salmond defines interpretation “Interpretation is the process by which the courts seek to ascertain the meaning of legislation through the medium of the authoritative form in which it is expressed.” Read More