What is Legislation?
According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a competent authority".It is derived from Latin word, legislatum which means "Law making power". In simple words "Legislation is a law making body."
Kinds of Legislation -
There are two kinds of Legislation Supreme Legislation and Subordinate Legislation.
1) Supreme legislation -
Supreme legislation is that which proceeds from the sovereign power in the state. It cannot be repealed, annulled or controlled by any other legislative authority. It is enacted by the highest law-making authority in the state. For example parliament in India, USA and England.
In England, Supreme legislation cannot be questioned in a court of law. The British Parliament is in every sense of sovereign law making body. In Britain, the doctrine of parliamentary sovereignty implies supremacy and omnipotence of British Parliament. Therefore. It possesses the power of Supreme legislation. In India and United States of America however, the parliament is sovereign but not supreme because legislation can be declared ultra vires or unconstitutional by a court of law. It may therefore, be amended or altered.
2) Subordinate legislation -
Subordinate legislation is legislation made by the authority or other than the supreme authority in the state in the exercise of the power delegated to it by Supreme authority. This is controlled by the supreme authority. Thus legislative authority is dependent for its continued existence and validity on the supreme authority. It can be repealed. Subordinate or delegated legislation increased in 19th and 20th century because of number of a reaction.
Difference between Supreme Legislation and Subordinate Legislation
According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a competent authority".It is derived from Latin word, legislatum which means "Law making power". In simple words "Legislation is a law making body."
Kinds of Legislation -
There are two kinds of Legislation Supreme Legislation and Subordinate Legislation.
See in Details ... Kinds of Legislation
1) Supreme legislation -
Supreme legislation is that which proceeds from the sovereign power in the state. It cannot be repealed, annulled or controlled by any other legislative authority. It is enacted by the highest law-making authority in the state. For example parliament in India, USA and England.
In England, Supreme legislation cannot be questioned in a court of law. The British Parliament is in every sense of sovereign law making body. In Britain, the doctrine of parliamentary sovereignty implies supremacy and omnipotence of British Parliament. Therefore. It possesses the power of Supreme legislation. In India and United States of America however, the parliament is sovereign but not supreme because legislation can be declared ultra vires or unconstitutional by a court of law. It may therefore, be amended or altered.
2) Subordinate legislation -
Subordinate legislation is legislation made by the authority or other than the supreme authority in the state in the exercise of the power delegated to it by Supreme authority. This is controlled by the supreme authority. Thus legislative authority is dependent for its continued existence and validity on the supreme authority. It can be repealed. Subordinate or delegated legislation increased in 19th and 20th century because of number of a reaction.
Difference between Supreme Legislation and Subordinate Legislation
No
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Supreme Legislation
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Subordinate Legislation
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1
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Supreme legislation is that which proceeds from sovereign power in this State.
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Subordinate legislation is that which proceeds from any authority other than sovereign power.
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2
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Supreme legislation is that which proceeds from sovereign power in this State.
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It is dependent for its continued existence validity on some superior authority
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See also
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ReplyDeleteLegislation, as defined by Salmond, is the process of creating legal rules by a competent authority. It is the backbone of lawmaking, where the power to formulate laws comes from a designated body. Legislation can be classified into two types: Supreme Legislation and Subordinate Legislation. Ride Taxi
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