Legislation as a Source of Law

Legislation is regarded as the primary source of law in contemporary times. The Latin words "legis," which means "law," and "latium," which means "to make" or "set," are the sources of the English word "legislation." As a result, "legislation" refers to the process of "making laws." The fact that legislation is directly enacted and accepted by the State and that it is supported by the sovereign's power, are indicators of its significance as a source of law. There are several ways to define the word "legislation." It encompasses all forms of legislation. Strictly speaking, it refers to legislation passed by the monarch or any other individual or organisation that has his approval.

Definition of the Word 'Legislation'

• As Austin defines it: "Legislation is the command of the sovereign or the superior authority which must be followed by the common masses backed by sanctions."

• As Salmond states: "Legislation is that source of law which comprises in the assertion of lawful standards by a competent specialist."

• As Grey puts it: "Legislation implies the formal expression of the administrative organs of the general public."

• According to the Historical School, ‘’legislation is the least inventive form of law. The official aim for the legislation is to provide a better framework and make the customs developed by the general public more feasible."

• The Positivist School states that "a run-of-the-mill law is a rule, and legislation is the typical source and form of lawmaking." The majority of cases from this school do not support the notion that courts may also determine law.

Different Types of Legislation

There are several purposes for which legislation may be passed, including directing, endorsing, endorsing, granting, authorising, proclaiming, confining, and annulling. As a result, the welfare of the people must be considered while passing laws and upholding the rule of law, and such actions must be taken in the citizens' best interests.

Salmond distinguished between two categories of legislation: Subordinate and Supreme. These are as follows:

1. Supreme Legislation

The laws that the state's sovereign intensity has approved are known as the supreme laws. This means that it is outside the jurisdiction and oversight of some other governmental bodies. It is regarded as both legally powerful and unmatched. Dicey's work, "The Law of the Constitution," has a well-established section of this regulation.

Since legislation passed by the Indian Parliament is subject to legal challenge, it is impossible to see the parliament as a sovereign entity. On the other hand, because legislation approved by the British Parliament is unchallengeable in court, it might be considered a sovereign law-making body.

2. Subordinate Legislation

law passed by a body other than the state's supreme authority is referred to as subordinate law. It is produced using the authority granted by the highest authority. The Supreme Expert is responsible for the existence, validity, and continuance of such law. It must provide a method for sovereign legislation as the sovereign authority can revoke and annul it at any moment. Parliamentary oversight applies to subordinate legislation.

There are five distinct categories of subordinate law. They are listed below.

1. Colonial legislation: Britain colonised a large number of areas worldwide, and these areas were referred to as colonies. The British Parliament had authority over the laws that these colonies' legislatures passed.

2. Executive legislation: Executive legislation refers to a type of subordinate legislation in which specific rule-making authority is bestowed upon the executive branch to execute legislative purposes.

3. Municipal legislation: Through the enactment of bylaws, municipal authorities also have the authority to establish laws.

4. Autonomous legislation: Autonomous legislation relates to organisations such as businesses, clubs, universities, and so on.

5. Judicial legislation: Courts also have a part in passing laws that help to govern the internal operations and procedures of courts.

3. Delegated Legislation

• Legislation created by anybody other than the legislature is referred to as delegated legislation. It refers to the directives, regulations, notices, bylaws, and orders issued by the executive branch in accordance with legislation enacted by the legislature.

• There are two common meanings associated with the word "delegated legislation." It refers, in part, to the Executive's use of the authority granted to it by the Legislature to make rules.

• In its alternative meaning, it refers to the result of using such power. Stated differently, delegated legislation is created by organs other than the legislature itself when it comes to the role of legislation. This type of legislation can take many different forms, such as orders, schemes, circulars, notices, rules, regulations, or bye-laws.

Importance of Legislation as a Law Source

The following are some of the primary benefits of the legislation:

• Effectiveness: It divides the responsibilities of enacting legislation and supervising it between the legislative branch and the executive branch.

• Abrogative Power: It has the authority to amend or repeal previous legislation that isn't subject to conflicting authority.

• Declaration: it states that legal concepts shall be understood before they are approved.

• Dependency on Accidental Legislation: Although legislation is autonomous and develops from authoritative sources, it does not always rely on the initial legislative case.

• Unmatched in Form: Unlike case law, which adds logic to a significant number of meaningless issues, it is characterised by a prominent structure that is succinct, transparent, easily accessible, and comprehensible.

Significantly more, the law has consistently been regarded as a major source of law when compared to other sources. There are two obvious reasons why the legislation is seen to be one of the most important sources of law. It begins by enumerating the proper principles that the State considers to be law, as established by the legislative authorities.

Legislation and Precedent

• The legislative process, which is essentially created and upheld by the State, is the source of legislation, whereas earlier and more significant court rulings are the source of precedent.

• The assembly's legislation has binding authority on courts. Still, the courts themselves set precedents.

• Although precedents are the recognition and application of new legal norms by courts in the administration of fairness, justice, and good conscience, legislation is the official proclamation of law by the governing body.

• Before a case is brought, legislation is ordered. However, the precedent only emerges after the matter has progressed and been submitted to the court for decision-making.

• The framework of legislation is essentially comprehensive, but the scope of legal precedent is limited to essentially similar examples.

• Law is often and inevitably passed, but precedent is always retroactive.

• Precedent, on the other hand, takes effect immediately upon its articulation; legislation is publicised or circulated before coming into force.

• Although the purpose of the lawmaking process is to complete legislation, this isn't always the case due to precedent. It is anticipated that the precedent that combines obiter dictum with ratio decidendi would resolve a specific legal dispute once and for all.

Custom and Legislation

• Legislation is essentially imposed by law, whereas customary law is fully recognised within a specific bound.

• Laws are passed based on fictitious norms. Customary law, however, is embraced due to its extensive and enduring historical background.

• Compared to custom, which is the most enduring form of law and is adhered to by a certain sect, legislation is a source of law that is long-lasting.

• While customary law originated in an archaic social structure, legislation is an essential component of modern societies.

• Law is complete, precise, written in a framework, and essentially open. Customary law, however, is difficult to follow and typically unwritten and non-scriptural.

• While custom naturally emerges among the general people, legislation is the outcome of discussions.

Disadvantages of Legislation

Every source of law has certain flaws and gaps in it; in the case of legislation, they are as follows. No source of law is flawless and whole in both form and meaning.

• Unbending nature: Law in legislation is rigid, but law in precedents is elastic and malleable.

• In light of Hypothesis: Legislation, for the most part, continues on speculative certainties, by taking into account the existing environment and surroundings, in which the established law is frequently observed to be blemished in its application to the mind-boggling issues emerging in real life, despite the fact that piece-scratches develop out of commonsense demands and convenience.

• Excessive Importance of the Wordings: Legislation places a high value on its wordings. Thus, if the articulation is incorrect, the law itself is essentially twisted. In precedents, the phrasing is almost irrelevant because there is a legitimate introduction that performs different tests on the precedent's application as a source of law. This is also true for customary law.

Conclusion

The research contains the meaning of the law, as well as definitions by numerous writers that are commonly recognised in the current environment. Because there is no specific definition of law, Salmond's concept of law is deemed the most appropriate. The law is closely involved in people's daily actions and activities. It is important to comprehend the many sources through which certain legislation is passed to grasp its true meaning. The research also explored the various sources of law, which are essentially classified as primary and secondary sources. The principal or fundamental sources include laws, court precedents, and customs. The meanings and definitions of each source were explored, and a comparative study revealed that while legislation had certain benefits over other sources of law, it also had some drawbacks.