1) What is Legislation? 

        The legislation is a law making body. Among all the sources of law, legislation is one of the most patent and sovereign source lawmaking. It has all the powers of enacting laws and repealing old laws. The term "legislation" is derived from two Latin words, 'legis' means law and 'latum' means to make, put or set. Entomologically legislation means the making or the setting of law. There are two kinds of legislation-Supreme legislation and subordinate legislation.

2) Types of Legislation 

According to Salmond, there are two kinds of legislation -

1) Supreme Legislation

2) Subordinate Legislation

a) 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 It cannot be repealed, annulled or controlled by any other legislative authority.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.

b) 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 It can be repealed.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.

Kinds of Subordinate Legislation - 

There are five Kinds of Subordinate Legislation which are as follows -

(1) Colonial Legislation - Colonial Legislation is the outcome of colony or colonies.

(2) Executive Legislation - These powers are expressly delegated to the executive by the parliament.

(3) Judicial Legislation - The Superior courts especially Supreme Court and High Courts of the State have the power of Making rules for the regulation of their own procedure.

(4) Municipal Legislation - Municipal authorities are empowered and entrusted with the power of establishing special laws for the Districts under their Control.

(5) Autonomous Legislation -   These are the bodies of Private Persons, they make rules for the regulation and functioning of their offices.

See also... 

Legislation : Advantages and Disadvantages of Legislation

Difference Between Supreme Legislation and Subordinate Legislation 


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