Slide2Legislation 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”
KINDS OF LEGISLATIONKINDS OF LEGISLATION SUPREME & SUBORDINATE LEGISLATION DIRECT & INDIRECT LEGISLATION DELEGATED LEGISLATION CONDITIONAL LEGISLATION
Slide4Supreme Legislation: Legislation which proceeds from the sovereign or supreme in the state Incapable of being repealed, annulled or controlled by any other legislative authority.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.
Slide5Subordinate 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.
Slide6DIRECT & 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.
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
Slide8CONDITIONAL 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.
CODIFICATIONCODIFICATION 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”
Slide10CONDITIONS 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
Slide11CLASSIFICATION 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.
MeritsMerits Certain Simplicity Logical Argument Stability Planned development Unity
DEMERITSDEMERITS 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