Statute

An overview of the concept of a statute in law

A statute is a formal written enactment of a legislative body. Statutes command, prohibit, or declare policy. Typically, statutes are organized into codes by subject matter, such as the United States Code or the Civil Code of France.

A historical statute from the Grand Duchy of Lithuania

Characteristics

Statutes are distinguished from other forms of law, such as common law or regulations. They are created through a formal legislative process and are often subject to interpretation by the judiciary.

Legislative Process

The process of creating a statute typically involves several stages, including drafting, committee review, and approval by both houses of a bicameral legislature, if applicable. Once passed, a statute is signed into law by the head of state or other authorized official.

Interpretation

Statutes are interpreted by the judiciary to resolve ambiguities and apply the law to specific cases. This process is known as statutory interpretation. Courts may use various methods of interpretation, including the literal rule, the golden rule, and the mischief rule.

Types of Statutes

Statutes can be classified into several types based on their purpose and scope:

• Public statutes: These apply to the public at large and address issues of public concern.
• Private statutes: These affect only a specific individual or group.
• Codifying statutes: These consolidate and organize existing laws on a particular subject.
• Declaratory statutes: These clarify existing laws without changing them.
• Remedial statutes: These provide remedies for wrongs or injuries.

Related Concepts

Statutory Law

Statutory law refers to the body of law that is created by statutes. It is one of the primary sources of law, alongside common law and constitutional law.

Statutory Interpretation

Statutory interpretation is the process by which courts interpret and apply legislation. It involves understanding the language of the statute, the intent of the legislature, and the context in which the statute was enacted.

Related pages

• Legislation
• Common law
• Regulation
• Judiciary
• Legal code