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Questions and Answers
What is the meaning of the term 'legislation'?
What is the meaning of the term 'legislation'?
Making of law.
What is meant by 'enacted law'?
What is meant by 'enacted law'?
Law that has its source in legislation.
According to Salmond, legislation consists of the declaration of legal rules by which authority?
According to Salmond, legislation consists of the declaration of legal rules by which authority?
What are the two types of legislation classified by Salmond?
What are the two types of legislation classified by Salmond?
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Supreme legislation can be revoked or altered by another legislative body.
Supreme legislation can be revoked or altered by another legislative body.
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Subordinate legislation is dependent on a higher power.
Subordinate legislation is dependent on a higher power.
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What is the analytical school's view on 'typical law'?
What is the analytical school's view on 'typical law'?
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Legislation is the _ that has the authority to pass new laws, repeal old ones, and amend existing laws.
Legislation is the _ that has the authority to pass new laws, repeal old ones, and amend existing laws.
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What must be valid for subordinate legislation to remain valid?
What must be valid for subordinate legislation to remain valid?
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Study Notes
Introduction to Legislation
- 'Legislation' originates from Latin words: "Legis" (law) and "Latum" (to make).
- Defined as the creation of law by a competent authority, making it a principal source of legal rules.
- Allows for new laws to be enacted, old laws to be repealed, and existing laws to be amended.
- Enacted law or statute law is derived directly from legislation.
- Gray views legislation as the formal expressions of legislative bodies within society.
- Salmond describes legislation as a declaration of legal rules by a competent authority, emphasizing its authoritative nature.
Meanings of Legislation
- Legislation has varying definitions:
- Strict sense: Source from which rules declared by a competent authority originate.
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Widest sense: Encompasses all law-making methods, potentially divided into:
- Direct legislation: Laws enacted directly by the legislature.
- Indirect legislation: Other means through which laws are created.
- Austin asserts that legislative acts are essential for law creation.
Schools of Thought on Legislation
- Analytical School: Views statutes as typical law and prioritizes legislation as the main source of law.
- Historical School: Argues legislation is the least creative source of law, emphasizing that legislative action alone cannot create law. It also recognizes the limitations of both analytical and historical perspectives.
Purpose and Nature of Legislation
- Legislation aims for social good and is designed to support societal interests.
- It is rooted in reason and logic, intended to influence behavior through rewards or punishments.
Classification of Legislation
- Salmond categorizes legislation into two main types:
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Supreme Legislation:
- Enacted by a sovereign authority, such as an independent state legislature.
- Immutable by other legislative bodies, holding the highest legal authority.
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Subordinate Legislation:
- Created by authorities other than the sovereign power; dependent on higher authority.
- While India's Parliament holds supreme authority, various bodies can enact subordinate legislation.
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Supreme Legislation:
Validity of Subordinate Legislation
- For subordinate legislation to be valid, several criteria must be met:
- The parent act (authorizing subordinate legislation) must be valid.
- The delegation clause within the parent act should be legitimate.
- The subordinate legislation must adhere to general legal norms established by judicial decisions, including constraints on court jurisdiction, penalty imposition, and retrospective laws.
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Description
This quiz explores the concept of legislation as a primary source of law, detailing its definition and significance. It covers the process of law-making and the roles of competent authorities in enacting legal rules. Enhance your understanding of legislative frameworks and their impact on legal systems.
