Legislation

Legislation

• 1. SOURCES OF LAWLegislation SOURCES OF LAW Legislation
• 2. Slide2 Legislation Legislation is the source of law which consists of the declaration of legal rules by a competent authority Legislation is the laying down of legal rules by a sovereign or subordinate legislator Law that has its source in legislation may be most accurately termed “enacted law” all other forms are “unenacted”
• 3. KINDS OF LEGISLATION KINDS OF LEGISLATION SUPREME & SUBORDINATE LEGISLATION DIRECT & INDIRECT LEGISLATION DELEGATED LEGISLATION CONDITIONAL LEGISLATION
• 4. Slide4 Supreme Legislation: Legislation which proceeds from the sovereign or supreme in the state   Incapable of being repealed, annulled or controlled by any other legislative authority. British parliament is true sovereign law making body (No external restraint on absolute authority)  not supreme of supreme India-Parliament is sovereign but although it possesses the power legislation  sovereignty Constitution is supreme, with true vesting in the people.
• 5. Slide5 Subordinate Legislation: Legislation which proceeds from any authority other than therefore dependent for its sovereign power and is continues existence and validity upon some superior or supreme authority. 5 forms of subordinate legislations (1)Colonial-powers of self government entrusted to colonies (2)Executive- Parliament delegates its rule making powers to departments of the executive organ 3.Judicial-Superior courts making rules for regulation of their own procedure. 4.Municipal-Municipal authorities law making powers for the districts 5.Autonomous- eg., Railway companies, Universities.
• 6. Slide6 DIRECT & INDIRECT LEGISLATION: Direct Legislation: Framing of laws by the legislature Colonial legislation is a type of direct legislation Indirect Legislation: When legal principles are declared by some other sources to whom law making power is confined by the legislature. Except Colonial Legislation- All other forms of subordinate are instances of indirect legislation.
• 7. Slide7      DELEGATED LEGISLTION: When law making power confereed by the legislature upon some other body declare laws. Growth of delegated legislation: Concept of Welfare State-more work-more legislation-No time for parliament Difficult for parliament to lay down rules-Technical in nature-delegated this work to departments & Ministers Delegated legislation necessary to meet unforeseen contingencies Flexibilty & Expediency-elements-good governance In cases-Emergency due to war-insurrection-floods etc
• 8. Slide8 CONDITIONAL LEGISLATION 1.Extend the operation of law to an area of territory 2.Determine the time of application of an Act to a given area 3.Extend the duration of a temporary Act, subject to minimum period fixed by legislature 4.Determine the extend & limits within with it should be operative 5.Introduce a specail law if the contemplated situation has arisen in the opinion of the government.
• 9. CODIFICATION CODIFICATION Code means: A systematic collection of statues, body of laws, so arranged as to avoid inconsistency and overlapping. Compilation, promulgation, collection and systematization of the body of law in a coherent form by an authority in a state competent to do so. Salmond : “ The reduction of the whole corpus juris so far as practicable, in the form of enacted law” Bentham: “A complete digest as such is the first rule. Whatever is not in the code ought not be law”
• 10. Slide10 CONDITIONS FOR CODIFICATION Roscoe Pound:  Where legal institutions have become completely mature or where the country has no juristic post, the non- existence of such material.    Uncertainty & Archaic character of Law Development of an efficient organ if legislation The needs for one uniform law in a political community whose several sub-divisions has developed or received divergent local laws
• 11. Slide11 CLASSIFICATION OF CODES 1.Creative : code which make laws for the first time without any reference to any other law. Eg., India Penal Code 2.Consolidating : code which consolidates the whole- statutory, customary & precedent, on a particular subject & declares it. Eg., The Transfer of Property Act 1882 3.Creative & Consolidating: code which make law as well as consolidate the existing law on a particular subject.
• 12. Merits Merits Certain Simplicity Logical Argument Stability Planned development Unity
• 13. DEMERITS DEMERITS Rigidity Incompleteness Hardship Defective Codes Savigny: Incoherent & defective Not Necessary to produce code in an age which can answer its needs Defects of law would become more obvious through codification Due to codification existing rights & duties are disturbed