Legislation

Legislation consists in the declaration of legal rules by a competent authority, conferring upon such rules the force of law. Such competent authority is styled as the Legislature of a country, and its members are called legislators. So the word Legislation means or represents the formal utterances of the legislative people of the society.

Legislation, therefore means making laws. But laws are also created by judgments. Laws are made when Judges give decisions which establish a new principle. However, generally this is not called as legislation in the strict sense of the term, but those decisions are known as indirect legislation or Judge made law as those are new principles established by Judgments.

In another sense, legislation includes every expression of the will of the legislature, whether directed to the making of rules of law or not. In this use, every Act of Parliament is an instance of legislation, irrespective of its purpose and effect. An Act of Parliament may do not more that ratify a treaty with a foreign State, or alter the calendar or coinage or declare war or make peace… All this is legislation in a wide sense, but it is not the declaration of legal principles with which we are concerned.

Law which emanates from legislation is described as enacted or codified law as opposed to unenacted or uncodified law.


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