Statutory law

From WikiMD's Wellness Encyclopedia

Statutory law or statute law is a type of law that is written by a legislative body. It is distinct from common law, which is based on judicial decisions and precedent, and regulatory law, which is enacted by executive agencies. Statutory law is typically codified, meaning it is organized into a formal code or set of statutes.

Overview[edit | edit source]

Statutory law is created by a legislature, which is a group of elected officials who have the power to make laws. This can include national legislatures like the United States Congress or Parliament of the United Kingdom, as well as state or provincial legislatures, and local city councils or county boards.

The process for creating statutory law varies by jurisdiction, but it typically involves the proposal of a bill, debate and amendment of the bill, and then a vote by the legislature. If the bill is passed, it becomes a law and is added to the relevant code or set of statutes.

Interpretation[edit | edit source]

The interpretation of statutory law is a key function of the judiciary. Courts interpret statutes in order to apply them to specific cases. This can involve determining the intent of the legislature when the statute was written, as well as considering the statute in the context of the entire code of laws.

In some cases, courts may find that a statute is unconstitutional, meaning it violates a principle or provision of the country's constitution. In such cases, the statute is invalidated and cannot be applied.

Comparison with other types of law[edit | edit source]

Statutory law is one of several types of law, each of which has its own characteristics and functions. Common law, for example, is based on judicial decisions and precedent, rather than statutes. Regulatory law is enacted by executive agencies, rather than legislatures. And constitutional law is based on the interpretation and application of a country's constitution.

See also[edit | edit source]

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