A Legislator:
- Person who writes and passes the law.
- Usually politician, often elected by people
- Different names are provided to it like Parliament, Diet, Legislative Assembly, Congress.
When there is room for interpretation, the intents of the Legislator will be questioned, and the court is supposed to rule in the direction, that it judges to fit the legislative intent the best, -which can be uneasy, in the case of conflicting laws or constitutional provisions.
Formulating new legislation is not an easy task. In fact, it requires comprehensive study done by legislators, regarding various issues.
There is question, whether the criteria education requirement and training is required for legislators or not?
Constraints
Legislator should be confine between some constraints while formulating law or fulfilling their role and responsibility.
(a)Constitutional Constraints:
Some constraints are mentioned in constitution like no death penalty, no exile to anyone, no prohibition to political parties, etc.
(b)Legal and Natural Principles Constraints:
Like: – rule of law, natural justice, fair trial right to hearing, appeal, Judicial review
(c)Self-restrained limitation:
Like: – Law should be reasonable, rational, judicious, good conscience.
Authority
(a)Legislature with absolutely define authority:
– Legislature has authority to formulate law on fixed and defined subject.
– Not other than that.
– American Congress can only formulate law in monetary, finance, public welfare and altogether 18 issues.
(b)Legislature with absolutely non-defined authority:
– Like: -British Parliament, New Zealand Parliament and Italian Parliament.
– There is non-defined authority to make legislation on any issues.
(c)Legislature with relatively defined authority:
– India and Germany parliament.
– Indian federal parliament has some authority to make law.
Legislator must keep in mind
- Draft or passing of any law should be contextual.
- Knowledge about other related prevailing laws.
- Precedent.
- Use of simple word.
Weapons for Legislator for law drafting and pairing
(a)Constitution
(b)Policies
(c)Law on Interpretation
(d)Precedent
(e)Foreign Laws
(f)Legal dictionary
(g)Convention, treaties
(h)Prevailing Acts
(i)Articles of Jurist and experts.
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