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Contents
1Overview
2Dead letter
3See also
4References
5External links
Overview[edit]
Legislation to design or amend a bill requires identifying a concrete issue in a
comprehensive way.[3] When engaging in legislation, drafters and policy-makers must
take into consideration the best possible avenues to address problem areas.
[4]
Possible solutions within bill provisions might involve implementing sanctions,
targeting indirect behaviors, authorizing agency action, etc. [5]
Legislation is usually proposed by a member of the legislature (e.g. a member of
Congress or Parliament), or by the executive, whereupon it is debated by members
of the legislature and is often amended before passage. Most large legislatures
enact only a small fraction of the bills proposed in a given session.[6] Whether a given
bill will be proposed is generally a matter of the legislative priorities of the
government.
Legislation is regarded as one of the three main functions of government, 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, which is the instrument by which the fundamental powers of
government are established.[7]
The function and procedures are primarily the responsibility of the legislature.
However, there are situations where legislation is made by other bodies or means,
such as when constitutional law or secondary legislation is enacted. Such other
forms of law-making include referendums, orders in council or regulations. The
term legislation is sometimes used to include these situations, or the term primary
legislation may be used to exclude these other forms.
Public participation in legislation[edit]
All modern constitutions and fundamental laws contain and declare the concept and
principle of popular sovereignty, which essentially means that the people are the
ultimate source of public power or government authority. The concept of popular
sovereignty holds simply that in a society organized for political action, the will of the
people as a whole is the only right standard of political action. It can be regarded as
an important element in the system of checks and balances and representative
democracy. Therefore, the people are implicitly entitled even to directly participate in
the process of law-making. This role of linking citizens and their government and
legislators is closely related to the concept of legitimacy. The exercise of democratic
control over the legislative system and the policy-making process can occur even
when the public has only an elementary understanding of the national legislative
institution and its membership. Civic education is a vital strategy for strengthening
public participation and confidence in the legislative process. [8]
Dead letter[edit]
This section needs expansion. You
can help by adding to
it. (September 2016)
The term "dead letter" refers to legislation that has not been revoked, but that has
become inapplicable, obsolete, or is no longer enforced. [9]
See also[edit]
Rule according to higher law
References[edit]
1. ^ See Article 289(3) of the Treaty on the Functioning of the European Union
2. ^ Wim Voermans (December 2009). "Is the European Legislator after Lisbon a real
Legislature?". Legislacao Cadernos de Ciencia de Legislacao. 50: 391–413 [402]. Within
the category of legal acts provided for by the TFEU, a distinction is made between
legislative acts and non-legislative acts. Legislative acts are decisions adopted under the
ordinary or special legislative procedure (Article 289(3) of the TFEU) and non-legislative
acts are decisions that are adopted pursuant to delegation or for the purpose of
implementing a legislative act (Articles 35 See Article 288 of the TFEU, last 290 and 291
of the TFEU)
3. ^ Kealy, Sean. "African Parliamentary Knowledge Network Legislative Handbook: Using
Evidence to Design and Assess Legislation" (PDF).
4. ^ Kealy, Sean. "African Parliamentary Knowledge Network Legislative Handbook: Using
Evidence to Design and Assess Legislation" (PDF).
5. ^ Kealy, Sean. "African Parliamentary Knowledge Network Legislative Handbook: Using
Evidence to Design and Assess Legislation" (PDF).
6. ^ Senate.gov
7. ^ https://db0nus869y26v.cloudfront.net/en/Legislation
8. ^ Vértesy, László (2017-01-10). "The Public Participation in the Drafting of Legislation in
Hungary". Central European Public Administration
Review. 14 (4). doi:10.17573/ipar.2016.4.06. ISSN 2591-2259.
9. ^ Dead Letter
External links[edit]
"Legislation" . New International Encyclopedia. 1905.
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