Legislation : Advantages and Disadvantages of Legislation

What is Legislation 

            The term "legislation" is derived from two Latin words, legis meaning law and latum meaning to make, put or set. entomologically legislation means the making or the setting of law. The legislation is a rule or body of rules passed by the legislature which is binding on all individuals in the society. In other words, legislation means an act or enactment passed by the legislature to regulate human behavior. Supreme and subordinate legislation are the two kinds of legislation. Legislation has its own merits and demerits also.

Definition of Legislation - 

Definitions of Legislation are as follows -

Salmond- 


       According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a competent authority".

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 them term legislation in the sense which is commonly understood.

Austin -

       According to John Austin, legislation includes an activities, which results into law making or amending,  transforming or inserting new provisions in the existing law. thus "there can be no law without a legislative act.

Kinds Of legislation

There are two kinds of legislation which are as follows

           I) 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 for example law made by the parliament.

          II) 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. Subordinate or delegated legislation increased in 19th and 20th century because of number of a reaction.

See in detail... Kinds of legislation 

Advantages of Legislation -

1) Legislation is the best and most reliable source of law

2) Statutory law is rigid and applicable irrespective of the crime

3)  The modern States give more importance to the legislation.

4) Legislation makes new law to the society.

5) By legislation, social control is possible

Disadvantages of Legislation - 

1) Certain legislation abridges the rights of individuals and are referred to Judicial Review.

2) It results in the amendment to the constitution and leads to conflict between legislature and judiciary.

3) No scope for judicial discretion - 
 
        The judge has to apply the law as it is, and has to follow it. The law is taken as it is. Sometimes it results into injustice because of other factors such as social, economic and other circumstances are also to be considered while deciding the case by the judge. On the other hand Precedent allows a judge to give the decision on the merit of the case, without being rigidity tied down to watertight rules of the enactment.

See... Kinds of Precedent

4) Rigidity- 

         Statutes are extremely rigid and have little scope for selective application; this causes injustice in extreme cases.

5) Lack of clarity -
  
        It is often said that statute laws are often worded in confusing language, certain loopholes are oftenly seen. It gives scope for many suspectable meaning. Numbers of errors and omissions are committed while connecting the law, which makes a little sense to a common man. Whereas the Precedent is always found it clear and simple word.

See also...

What are Advantages of Precedent?

Distinction between Legal History and Historical Jurisprudence

Civil Administration of Justice 

Criminal Administration of Justice 

Essential Elements of Legal Right