currounon psn lpia Laps biscusstecistarion assourceor ann / Aas Kinds 6} uw the de 1. CONCEPT OF LEGISLATION; CHS ed, Cpe tule, Leyton iste ob assign sure of fw making, Law that has il 0Urce in eat nay be eed 5 iced owl ote forms ofa ae enacted I te ol source whic hae al powers fenaag Lae repealing ol las ad modiying caren ams 2. DERIVATION: ‘The term legislation is derived from Latin Words “Legis” meaning “law” and “Latum” meaning * Tp make", 3. MEANING OF LEGISLATION: ‘According to Oxford Dictionary: *Toxerisethe power and function to make law 4. DEFINITIONS OF LEGISLATION: > According to Salmond: “Logislation is that source of law which consist in the declaration of legal rules by a competent authority > According to Austin: ‘There can be no law without legislative act”5. EXAMPLES OF LEGISLATION. > Pakistan Penal Code (14%0) > Civil Procedure Code (1908) 6. LEGISLATION AS SOURCE OF LAW; Legislation as a source of law may be discussed by analyzing the lollowing approach > Analytical approach. > Historical approach. 7. ANALYTICAL APPROACH: ‘The view of analytical is that typical law is 2 statue and legislation as normal process of law oF consider custom as a source of law. making. They neither approve precedent, > Criticism. 11 regards legislation as a sole source of law. 8. HISTORICAL APPROCH law thas no independent ‘The view of historical schoo! is that legislation i the least cteati Sous ce Relig ine > Criticism. : “db on creative role at all * Precedents “Madoes note legislation asa source of law, 9. KINDS OF LEGISLATION Legislation has following kinds: 1. Supreme legislation. Il, Subordinate Legislation. algae Agatavien) 10, RELEVANT CASE LAW: Hukam Chand vs Union Of India.(1978) Held: A sovereign legislature has power to enact lw laws aid a subordinate leisation has to act within mits of powers delegated tit 11, SUPREME LEGISLATION: . Legislation which proceeds from the supreme or sovereign power in the state is supreme legislation. It is incapable a being repealed, annulled or controled by any other legislative authority. Example of Supreme legislation: 1. British parliament, M.Congress of America Parliament 6} foscistona/” Majlis £- Shura. op PeiFom iT32, SUBORDINATE LEGISLATION: Subordinate legislation is that legislation which proceeds from any authority other thi jan the sovercis™ power and is therefore dependent for its continued existence and validity on some supe supreme authority > Forms of SubSHitate legislation: 1. Colonial legst 1M, Judicial Legislation, M1, Municipal Legislation. : IV, Autonomous Legislation. V. Delegated Legislation, 33. COLONIAL LEGISLATION: (LO GULY 42% - Sea se “The powers of self-government entrusted 1o the colonies and! ciher Jependencies of the crown are subject tothe contol ofthe imperial legislature which may repeal, alter or supersede any colonial enactment. a4, jupiciactecistation: LIL 5 Ge “The Superior courts have the power of making rules for the regulation of their own procedu rules are termed judicial legislation, but, ts municipat tecistaTiOny COS ak administration Municipal authorities are also allowed to make bye-laws for limited purposes for the area under their> Bang WAPDA, WASA, LDA, Hotels ile Me AUTONOMUS LEGISLATION Ths aw mabing power iv epiouied ito private hands “in exceptional cases. The lave gives (0 certain group of private individuals limited legislative authority touching HTERT WHT concerns themselves. i > Example: wl be Railway companies and universities make their own rues 7, 1, DELEGATED LEGISLATION: C2135! JLlal Such lows as are made by the executive in order to conduct the administrative department of the state are called executive or delegated legislation > Example: 1. Health departments. Education department. 18, FORMS OF LEGISLATION: “There are two forms of legislation > Direct Legislation,EE ———————— > Indivect Legislation 18. CONTROL ON DELEGATED LEGISLATION: Following ate the ways to contrl the delegated legislation, > Parliament always has general control when bil is before parliament, edb jo > Laws made under delegated leislton shouldbe aid before legiststare | AC IG > In echnical matters opinions of the experts should be taken r > Cours canola subordinate enactment, bu they can declare them ssapplicane in particular oman / 20. ADVANTAGES OF LEGISLATION: Legislation enjoys a great superiority all over other methods of egal evaluation. This trend is due to the following advantages. 1. Can-not Repeat Legis ion is imposed on courts by legislature. It cannot be repealed except by Supreme Court. 1H, Planned Development: ‘Aim of law isthe progress and protection of society and individual. For future planed progeess, legislation is necessary M1, 1tGives Statues 2 —_—_—__\l,\lE:!=!S|=S=SS —2 hy vi vu, Legislation creates Statue Law and iti easy to interpret a statue than to interpret a precedent. Constitutive and Abrogat Legislation is constitutive and abrogative tis only a source of new law but also the most effective instrument of abolishing the existing law. ; ! Bring Efficiency Legislation is bas on the principle of division of labor and consequently enjoys the advantages of efficiency. Formal And Express Legislation is formal and expresses the declaration of new rules by legislature More Authoritative: tive form of written words and this literary expression is an essential Statue Law is embodied in an authori part of law itself vn, Satisfies The Requirement of Natural Justice: Legislation satisfies the requirement of natural justice that shall be known before they are enforce. Rules For Future Litigation: 7 Legislation can be a way of anticipation make rules for future litigation that have not origin yet. Reduce Vagueness In Law: cryLegislation is expressed clear and unambiguous in general and comprehen Thus it reduces vagueness inlaw. XI. Clear Brief And Accessible: Statue law is dl: they can be easily discovered. brief and easily accessible and known able as the rules are logically arranged so. ' XIL Legislature Is Not Restricted: In formulating a new rule or in applying a rule new oF old, the judges is bound by rule and precedent White no such restriction is impose on the lepislature when it makes a law. XII. Brings Ui rity: - Legislation expresses a relationship between man and state so it brings uniformity in territory. 21. DIS-ADVANTAGES OF LEGISLATION: Following are the sdvantages of legislation: 1 Rigid, ‘Statute law suffers from the defect of rigidity, Courts are bound with the letters of law and are not allowed to the same 1, Numerous and Complicate Statutes: ‘Modem statues are so numerous and so complicated that an ordinary layman has often little tea of his legal duties until he has broken them. IL, Not Self- Sufficient: 2»Sometimes the statues are so drafied as to simplify the law but usually important statues requires elaborate editing with ‘copious references to cases a8 soon as they are enacted. 1V, Lack Retroactive Effect Legislation lacks retroactive effect asi is prospective in nature so the legal results of acts already done cannot be altered LV. Statues are not Exhaustive: ‘The gatues are brief they do not cover al the required aspects ofthe eases 22, FINAL REMARKS: Finally I can say that legislation is more powerful and most recent source of law. | wider sense it include al riethod of law making, Law that has its source in legislation may be termed as enacted law all others forms are un. tenacted. It isthe only source which has all powers enacting laws, repealing old laws and modifying curtent laws. 0