Legislation: Concept, Types and Importance

Law Hub Nepal श्रावण २५, २०७७

Concept :

The term legislation is derived from Latin term “legis” which means law and ”latum” which means to make, put or set. So Legislation means making or setting of law. Legislation is a written law passed by legislature and implemented by court. Legislation is the most and powerful source of law which has the power of making law, amending old law and cancelling outdated law etc. E.g. Drugs Act 2035, Guthi Corporation Act 2033 etc.

According to Salmond – “Legislation is that source of law which consists in declaration of rules by a competent authority. “

According to Gray – “Legislation is the formal utterances of the legislative organ of the society.”

Types of Legislation

Legislation is the process of lawmaking where a competent authority is given the task of drafting and enacting the law in a state. Broadly, there are two types of legislation;

1. Supreme Legislation : The type of legislation in which law making process is carried out through supreme body or sovereign authority is known supreme legislation. It is made by sovereign body called legislature and it is supreme law.

2. Delegated legislation : The type of legislation in which supreme body gives authority to subordinate body for law making is known as delegated legislation. It must be under the provision of the supreme legislation. It’s validity can be checked by supreme legislation. Further, Delagated legislation is divided into five types. They are as follows;

A. Colonial Legislation : The nations which are not autonomous, and are under the control of other state and have no supreme capacity to make law such countries are called colonies. The law made by colonies are called colonial legislation. The laws made by them are subject to the Supreme legislation of the state under whose control they are. In the past, England had many colonies. But in present, it doesn’t exist.

B. Executive Legislation : The law making power given to different departments of executive for the proper administration of day to day activities is known as Executive Legislation. Legislation gives some power to executive bodies to make law for regulations for their internal business. Civil servants act is supreme legislation while civil servants rules is executive legislation is example of executive legislation.

C. Municipal Legislation : The power of making law is given to municipal authorities for their territorial jurisdiction under their control is known as municipal legislation. Bye-law made by a municipal body works inside its individual area. Local self governing act, 2055 gives local body or municipal body to makes by law d their proper development.

D. Judial Legislation : The power or authority given to judiciary for making rules and regulation for the regulations of their own procedure is known as Judicial Legislation. This will also ensure that there is no involvement of any other organ of the government in the governance of the judicial system of the state. E.g. the Supreme Court Act, 2048 is a supreme legislation and supreme court has made Supreme Court Rules, 2049 is a judicial legislation.

E. Autonomous Legislation : The law making power delegated by the state to private companies, institutions and organisations to make rules and regulations for the regulations of their functions and activities are called autonomous legislation. Examples, the TU Act, 2049 is a supreme and TU Rules, 2050 is an autonomous legislation.

Reasons for delegated legislation

i. Lack of time
ii. Technicality of subject matters
iii. Flexibility
iv. Lack of information about local situation
v. Pressure on parliament

Importance of Legislation as a Source of Law

1. Abrogative Power : It can change or annul old law, which control isn’t controlled by different sources.

2. Effectiveness : It separates the elements of making law and overseeing it between the Legislature and the legal executive.

3. Declaration : It gives that principles of law will be known before they are authorised.

4. Provision for future case : Legislation is independent and emerges out of as the authoritative source of law. It makes law in advance for those things which has not occurred in present time.

5. Written in Form : It is predominant in structure, brief, clear and in written form.

6. Easy to understand : It is easy to understand because it is in written form and anyone can understand by reading it.

7. Helpful for Court : Judges of the court makes their decision on the basis of legislation made by sovereign body called legislature.

8. Certainty : Legal systems enjoy greater certainty when law is in codified and written form. Legislation is in written and codified form that ensures certainty in law.

(To be admitted in BALLB, one has to pass a tough entrance exam after +2. Law Hub Nepal will continuously publish various materials to help those who want to participate in the entrance exam.

In this context, Anish Tiwari, a Law student, has prepared above material for the frequently asked question in the subjective examination like – (What is Legislation ? Describe the types and importance of it.) Tiwari has prepared it on the basis of  various study materials. – Editor)

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