eS eee C Precedent, which gives rise to Case law. 2. 3. Custom, which gives rise to Customary Law and 4. Agreement, which gives rise to Conventional Law. This tecture deals in detail the following sources of law - 4. Legislation 2. Custom and 3. Precedent 4. LEGISLATION This part of the lecture covers - i) Legislation : Meaning and Definition ii) Kinds of Legislation A) Supreme Legislation and B) Subordinate Legislation iii) Kinds of Subordinate Legislation ™ Advantages of Legislation v Disadvantages of Legislation ) Delegated Legislation and vi) Sub-Delegation i) Legisiation : Meaning and Definition Meaning : Among all sources of law, legislation is the most patent and sovereign source of law making. it is an art of law g itis the only source, which has all the powers of c! and repealing old laws. Legislation is a rule or body of ru- JURISPRUDENCE legislature which is binding on all individuals in the aoe words, Legislation means an act or enactment page! by legislature to regulate human behavior. ‘Legislation’ is derived from two Latin words pn... which Ps gic ‘Latum' which means, ‘to make, put e set. Thus the word ' Legislation’ is derived from Latin Word ‘Legisiatum' which means “Law making power”. The law making body is called legislature or legislative body or legislative Authority, Definition: The term ‘Legislation’ has been defined by various writers in different ways. Some of them are detailed below . Salmond : According to Salmond “Legislation is that source of faw which consists in the declaration of legal rules by a competent authority”. Prof. Gray : Prof. Gray defined legislation as nothing but ‘the formal utterances of the legislative organs of the society’. This definition of Professor Gray is more purposive and explicit than that of Salmond. It is preferred on the ground that ‘formal utterances’ and ‘legislative organs’ lay apparent stress on the difference between legislation and other sources of law. Holland: According to Holland “the Making of general orders by our judges is as true legislation as is carried on by the Crown", but we confine ourselves to the use of the term legislation in the sense in which it is commonly understood. ll) Kinds of Legistation A) Supreme Legislation : It is a legislation made that, it cannot be controlled by any other body, Resch body the sovereign power of the state directly, Eg. Lby the legislature which is binding on all individuals in the | in other words, Legislation means an act or enactment pase.” | by legistature to regulate human behavior. ed The term ‘Legislation’ is derived from two Latin Words ‘egig._ which means "aw and ‘Letun’ which means, TO Make, put g set. Thus the word ‘ Legislation’ is derived from Latin wd ‘Legisiatum’ which means “Law making power". The law makin body is called legislature or legislative body or legisiative Authority Definition: The term ‘Legislation’ has been defined by various writers in different ways. Some of them are detailed below - Salmond : According to Salmond “Legislation is that source of law which consists in the declaration of legal rules by a competent authority’. Prof. Gray : Prof. Gray defined legislation as nothing but ‘the formal utterances of the legislative organs of the society’. This definition of Professor Gray is more purposive and explicit than that of Salmond. It is preferred on the ground that ‘formal utterances’ and ‘legisiatve organs’ lay apparent stress on the difference between legislation and other sources of law. Holland: According to Holland "the making of general orders by our judges is as true legislation as is carried on by the Crown", but we confine ourselves to the use of the term legislation in the sense in which it is commonly understood. li) Kinds of Legislation A) Supreme Legislation : It is a legislation made by such body that, it cannot be controlled by any other body. It is made by the sovereign power of the state directly. Eg. Law made by the parliament. B) Subordinate Legislation : it is the legislation made by delegated power. This is controlled by the superior body. Subordinate jegislation is the legislation made by the authority other than the— ( aah fo sie te anereon ot ESS wre the supreme authority. The subordinate legisiation Is to t PY ton some superior or Supreme authority for its continued iil) Kinds of Subordinate Legislation gaimond classified subordinate legislation into five kinds as follows a) Municipal Legislation b) Executive Legislation °) Colonial Legislation d Autonomous Legislation Judicial Legislation pal Legislation : The municipal authorities are given mmited powers to enact laws for their governance. tt is called Municipal Legislation. They are also called ‘by laws’. b) Executive Legislation : This type of legislation is made by executive authority. The parliament delegates certain powers to executive E.g. The Defence of India Act. ¢) Colonial Legislation : The colonies. of British Empire were delegated with certain legislative authority for their own Govemment. Such legislation is called Colonial Legislation. E.g. Laws passed by the Indian Legislature before Independence. d) Autonomous Legislation : It is the legislation passed by the autonomous bodies. E.g. Universities, Corporations etc. ¢) Judicial Legislation : Judiciary is given powers to make certain tules to regulate the procedure. Such act of court during judicial Proceeding is called judicial legislation.— —— a) Legislation is the best and most reliable source of i 38 JURISPRUDENCE lv) Advantages of Legislation: b) Statutory law is rigid and applicable irrespective of the cee me, | | ¢) The modem slates give more importance to the legislation, d) Legislation makes new laws to the society. e) By legislation, social contro! is possible. v) Disadvantages of Legislation a) Certain legislations abridge the rights of individuals and are referred to Judicial Review. b) It results in amendment to constitution, and leads to conflict between Legislature and Judiciary. vi) Delegated Legislation Meaning: The expression ‘Delegation of Authority or Delegated Authority’ means “transfer of authority/power by the superior to the subordinate’. Accordingly, when a subordinate by virtue of delegated authority passed a law/legislation, it is called ‘delegated legistation’. Delegated Legislation is also known as "Subordinate Legislation’ or ‘Administrative Legislation’. It means "Conferring one's power of law making to another”. It is the extension of law making power to the Executive by the Legislature. E.g.: In India, the legislative authority (law making body) is parliament. It is not possible for the Parliament to pass laws at all times in all cases. Hence, it may delegate the law making power to the Executive ‘or Administrative Authorities. Definition: Salmond defines Delegated Legisiation as ‘that which Proceeds from any authority other than the sovereign power s ther fo? its continued existence and validity on fior authority’. In short, it means and includes ‘all rules: byelaws, orders etc.’ :The delegated made by the authority oma a) The exercise by a su ‘ : power delegated to it by the legit’ *3ency Of the leg b) The subsidiary rules them, subordinate agency in pursuance of FL eS which are made the legislature. Power conferred In the second sense, the ; ; the rules, regulations, orders, by. sao i more concemed with the delegated legi inistrative pa sense. Thus, the administrative law is Slation used in the first exercise of the legislative power by ne Legislature delegated to it by the Legisiemen™” “ther than the Reasons for growth of Delegated Legistation pe tony ato the Sona Sagat India also : a) Pressure upon Parliamentary Time; b) Technicality (lack of technical know-how); ¢) Flexibility; d) Emergency Situations (Emergency Decisions-Ordinances); ®) Secrecy (Law cannot be made public till it comes into force. Secrecy is possible only in Delegated Legislation). 4) Pressure upon Parliamentary Time : In modem welfare State the bulk of the Legisiature has increased and it does not have Sufficient time to discuss minor details and also to provide all the Getalls. Consequentty, it has to confer on the executive or other40 JURISPRUDENCE agency, the authority to make subordinate legisia| ior by-laws, regulations, etc.) to supplement the legisiatio, 9 Ds the Legislature. The Legislature, thus, passes skeleton Maq and gives authority to the concemed authority to supply Slatin blood to the skeleton by making rules, regulations, byte ang etc. . Ordery. b) Technicality : Sometimes the subject matter of the legistag, | is of technical nature and it requires handling by the exper such cases, it becomes necessary to delegate to appropri Ih authority the power to deal with such subject matters, ate c) Flexibility : Delegated legislation or subordinate legislation i more:fiexible than ordinary legislation. The rules, regulations, by. laws or orders etc. if found to be defective, may easity be amended The practice of delegated legislation enables experiment. If the experiment is found to be unsuccessful, the rules and regulations may be revoked or modified according to the requirements and if the experiment is found to be successful, the rules ang fegulations may be extended or made perpetual d) Emergency Situations : Sometimes the economic and national emergencies require quick action but because of being overburdened, the legislature finds it very difficult to act as promptly as the situation demands. Hence, the executive delegates the power to make rules, regulations, etc. to deal with such situation. @) Secrecy : In some cases the public interest demands that the provisions of the law should not be known until the time fixed for their operation comes, e.g. imposition of import duty or exchange control, rationing schemes, etc. This also necessitates the delegation of power to make rules, regulations, by-laws, etc. to the executive or other agency. Advantages of Delegated Legislation : a) It minimizes the workload of Legislature.— which gives rise to Case law. which gives rise to Customary Law and to Conventional Law. 2. 3. Custom, 4 agreement, which gives rise his jecture deals in detail the following sources of law - d Legislation 2, Custom and 3, Precedent 4, LEGISLATION re covers - this part of the lectu Meaning and Definition i) Legislation ii) Kinds of Legislation A) Supreme Legislation and B) Subordinate Legislation iii) Kinds of Subordinate Legislation Advantages of Legisiation » v Disadvantages of Legislation vw) Delegated Legislation and vi) _ Sub-Delegation i) Legisiation : Meaning and Definition Meaning : Among all sources of law, legislation is the most patent ‘and sovereign source of law making. It is an art of law making. plod only source, which has all the powers of enacting laws repealing old laws. Legislation is a rule or body of rules passed