Legislation: Meaning, Definition And Kinds
Meaning Of Legislation
The term legislation has been derived from latin word lagis+latio, lagis means law and latio
means making or settling thus legislation means making and settling of law.
What Is Legislation?
According To Austin
legislation includes activities which results into law making or amending or transforming or
inserting the new provision in existing law. Thus there can be no law without a legislative act.
Austin further says when a judge stablishes new principles by his judicial decision he is said to
exercise legislative power not judicial power.
According To Salmond
Salmond observe that legislation is that source of law which consists in the
declaration of legal
rules by a competent authority. According to him the legislation can be used in
- It is that source of law from where the making of law declared by a
competent authority are
- Legislation include all methods of law making it includes direct and
Law declared by legislature is called direct legislation. Where as all other
action of law
making by any other authority except legislature are called indirect
- Legislation Include every expression of will of the legislature whether
making law or not.
Kinds Of Legislation
- Supreme legislation.
- Subordinate legislation.
Legislation made by supreme authority or Sovereign authority is called supreme
legislation is supreme when it proceed from sovereign power in the state and is
repeat annulled or controlled by any other legislative authority.
subordinate legislation is proceed from other than sovereign power.
Types Of Subordinate Legislation:
- Colonial Legislation.
- Executive Legislation.
- Judicial Legislation.
- Municipal Legislation.
- Autonomous Legislation.
The British colonies and other dependies were conferred limited power of self government by
inferior legislation. The colonies in exercise of this power enjoy limited power of law making.
But the law made by colonial government could be repealed altered or superseded by the
imperior legislation. That is british parliament.
When law making power is exercised by executive under the authority of
legislature is called executive legislation. Ex. Art. 123 and 213 of Indian
When law making power is exercised by judges, is called judicial legislation.
Ex. Art. 145,227 of Indian Constitution. and sec. 477of The criminal procedure
When law making power is exercised. By any independent authority that is private
entities, bodies, universities.
When law making power is exercised by municipal authority, municipal authority
within there area to make bye-laws for limited purpose such as water tax, land