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Legislation As A Source of Law

Legislation is the primary source of law in modern legal systems, characterized by its deliberate enactment by competent authorities. It includes types such as supreme and subordinate legislation, with delegated and conditional legislation allowing for flexibility and technical needs. The document emphasizes the importance of codification, interpretation, and control mechanisms to ensure the effectiveness and accountability of legislation.

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2 views2 pages

Legislation As A Source of Law

Legislation is the primary source of law in modern legal systems, characterized by its deliberate enactment by competent authorities. It includes types such as supreme and subordinate legislation, with delegated and conditional legislation allowing for flexibility and technical needs. The document emphasizes the importance of codification, interpretation, and control mechanisms to ensure the effectiveness and accountability of legislation.

Uploaded by

socalledsavie
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Legislation as a Source of Law

Introduction

Law, in its most fundamental essence, is a set of rules and principles intended to regulate the conduct of

individuals within a society. Among the primary sources of law-custom, precedent, and legislation-legislation

has emerged as the most dynamic and dominant source in modern legal systems. Legislation refers to the

deliberate enactment of legal rules by a competent legislative authority that is recognized and empowered by

the Constitution or equivalent fundamental legal framework of a State. As society evolves, the need for

formal, accessible, and consistent law becomes indispensable. The complexities of modern governance and

the drive towards a welfare state further intensify the need for laws that are proactively created, rather than

passively developed through customs or judicial interpretation.

Definition and Meaning

The term 'legislation' is derived from the Latin words legis (law) and latum (to make), which literally translates

to "making of law." Jurists like Bentham, T.E. Holland, Salmond, and Gray describe legislation as formal

expressions of legislative intent and will, whether direct or indirect.

Types of Legislation

1. Supreme Legislation: Law made by the sovereign authority, not subject to control by any other body.

Example: British Parliament.

2. Subordinate Legislation: Laws made under authority delegated by the supreme legislature. Includes

municipal by-laws, regulations, and rules.

Delegated and Conditional Legislation

Delegated legislation is law made by bodies other than the legislature under powers given by an Act. It's

driven by technical needs, speed, and flexibility. Conditional legislation allows another authority to determine
Legislation as a Source of Law

its application timing and place.

Legislation Compared to Other Sources

Legislation vs. Precedent: Prospective, general, and deductive. Precedent is retrospective, specific, and

inductive.

Legislation vs. Custom: De jure, formal, and forward-looking. Custom is de facto, traditional, and

community-driven.

Codification and its Impact

Codification organizes and systematizes law into written statutes. Examples include the Justinian and

Napoleonic Codes. It enhances accessibility and legal certainty.

Interpretation of Legislation

Literal interpretation focuses on ordinary word meaning; logical interpretation seeks the statute's intent. Both

are vital for judicial clarity.

Control of Delegated Legislation

Procedural (consultation and publication), parliamentary (committee oversight), and judicial (review for

constitutionality) mechanisms ensure accountable delegation.

Conclusion

Legislation is the foremost source of law in modern governance. Its adaptability, precision, and legitimacy

position it as a cornerstone of legal systems today.

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