Legislation

Legislation (or statutory law) is law which has been promulgated (or "enacted") by a legislature or other governing body or the process of making it. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation", while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to outlaw, to provide (funds), to sanction, to grant, to declare or to restrict. It may be contrasted with a non-statutory law, under which laws are passed by means other than legislation.

Types of Legislation

Legislation is regarded as one of the three main functions shared by most governments, which are often distinguished under the doctrine of the separation of powers. Those who have the formal power to create legislation are known as legislators; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation); the executive branch of government can act only within the powers and limits set by the law.

Primary Legislation

The term "primary legislation" refers to the statutes or acts passed by the parliament, which stand as the highest form of law in the country. Primary legislation can be distinguished from secondary legislation, which is made by an individual or body under powers given to them by primary legislation.

Secondary Legislation

Secondary legislation refers to laws made by an individual or body under powers given to them by an act of Parliament. It is used to fill in the details of Acts (primary legislation). These details provide practical measures that enable the laws to be enforced and operate in daily life.

Legislative Process

The legislative process includes the drafting of a bill, the passage of the bill through both houses of parliament, and its ratification by the head of state. In a bicameral legislature, this process involves both the lower house and the upper house.

See Also

• Act of Parliament
• Statutory law
• Non-statutory law
• Bicameralism
• Separation of powers

Legislation Resources
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