Understanding Legislation: Definition, Importance, and Types

Understanding Legislation: Definition, Importance, and Types

In modern times, legislation is considered the most important source of law. The term 'legislation' is derived from the Latin word legis, which means 'law,' and latum, which means "to make" or "set." Therefore, the word 'legislation' literally means the 'making of law.'

The importance of legislation as a source of law stems from the fact that it is backed by the authority of the sovereign and is directly enacted and recognized by the state. The expression 'legislation' has been used in various senses, encompassing every method of law-making. In its strict sense, it refers to laws enacted by the sovereign or any other person or institution authorized by them.

Key Types of Legislation

Legislation can be broadly categorized into the following types:

Supreme Legislation

When laws are directly enacted by the sovereign, it is considered supreme legislation. A key feature of supreme legislation is that no other authority, except the sovereign itself, can control or check it. Laws enacted by the British Parliament, for instance, fall into this category, as the British Parliament is considered sovereign.

Subordinate Legislation

Subordinate legislation is law made by an authority subordinate to the supreme or sovereign authority. It is enacted under the delegated authority of the sovereign. The origin, validity, existence, and continuance of such legislation depend entirely on the will of the sovereign authority. Subordinate legislation can be further classified into the following types:

• Autonomous Law

  When a group of individuals, recognized or incorporated under the law as an autonomous body, is conferred the power to make rules and regulations, the laws made by such a body fall under autonomous law. Examples include laws made by bodies like universities and incorporated companies.

• Judicial Rules

  In some countries, the judiciary is conferred the power to make rules for its administrative procedures. The Supreme Court and High Courts, for example, have been granted such powers to regulate procedure and administration.

• Local Laws

  In certain countries, local bodies are recognized and conferred law-making powers. They are entitled to make bylaws within their respective jurisdictions. The rules and bylaws enacted by them are examples of local laws.

• Colonial Law

  Laws made by colonial countries for their colonies or the countries they controlled are known as colonial laws. For a long time, this was a significant category. However, as most countries worldwide have gained independence from colonial powers, this legislation is losing its importance and may no longer be recognized as a distinct kind of legislation.

• Laws Made by the Executive (Delegated Legislation)

  Laws are primarily enacted by the sovereign, and sovereignty may be vested in one authority or distributed among the various organs of the state. In most modern states, sovereignty is generally divided among the three organs of the state—namely, the legislature, executive, and judiciary—each vested with different functions. The primary responsibility of law-making rests with the legislature, while the executive is responsible for implementing the laws enacted by the legislature. However, the legislature often delegates some of its law-making powers to executive organs, which is also termed delegated legislation. Delegated legislation is a class of subordinate legislation.

  In welfare and modern states, the volume of legislation has increased manifold, making it impractical for legislative bodies to address every detail of law. Therefore, they deal with only the fundamental parts of legislation, granting wide discretion to the executive to fill the gaps. This increasing tendency of delegated legislation has been criticized. However, delegated legislation is resorted to due to reasons such as paucity of time, technicalities of law, and emergencies. Therefore, delegated legislation is sometimes considered a necessary evil.