Private: Legislative Principles and Law Making Process Content
Significance of Legislation
– Legislation has Abrogative Power-Legislation can change or annul old law as per the need of time and society.
– Effectiveness– It separates the elements of making law and overseeing it between the legislature and the legal executive.
– Declaration- It gives principles of law authorization.
– Reliability– Legislation is independent and emerges out as the authoritative source of law. It has a supreme power to make law.
– Unrivalled in form– It is predominant in structure, brief, clear, effectively available and understandable as against case law, which is generally vague in comparison of legislation.
– Legislation voices the will, desire and views of people. As it is made as per the need of society, it generally recognizes the demand and desire of the people in the society.
– It is direct and unambiguous. It is clear and definite and is not ambiguous.
– Definite and precise in comparison to case laws which is bulky and voluminous. It is not broad and absurd like case laws, it is easy to understand.
– It is pre-declaration of law to the citizen before the law applied to the disputes. Laws are made before hand so if any dispute arises then that suitable laws can be applied to the disputes.
– It is constitutive (Creates) as well as abrogative (destroy). Legislation has the power to make any law and to void or destroy any laws as per the need and demand of the society and time.
– Codification makes the law stable. Generally law made by legislation are codified or written in National Gadezzets, Country code, Acts etc. This makes those laws easy to excess for everyone and makes those laws transparent for every citizen of the nation.
– Systematic and logical arrangement of law in the code. The laws which are made by legislation are easily accessible because it is systematically and logically arranged in the code. For example, Country Civil code act, 2074, Country criminal code act, 2074.
– Fills up vacancy of settle the doubt in legal system.
– Increase the efficiency by making and administrating of law. Legislation is efficient because it makes the law and administers both at the same time.
– Scientific source of law as it is enacted by the representative of people and group of experts and so on. For making any specific laws there have to be presence of the experts of that specific field and according to their suggestion and discussion laws should be made. For example, while making specific medical laws, the expert from medical field is required like doctors. Similarly while enacting commercial law, expert with the knowledge of corporate field is required to make laws more precise and standards.
– Legislation is the important instrument of government in organizing society and protecting citizens.
– It determines others the rights and responsibilities of individuals and authorities to whom the legislation applies.
– It is effective instrument of social change and regulation.
– It provides proper guidance and order upon the behaviour for all the citizens and sustain the equity on three branches of the government.
– It is an instrument promoting socio-economic justice in the society.
– It provides provision for future cases.
– Scientific source of law as it is enacted by the representative of people and group of experts and so on.
– It separates the element of making law and overseeing it between the legislature and the legal executive.
– It can change or annul old law.
– Increase the efficiency of making and administrating of law.
– It has abrogative power meaning that existing outdated laws can be abolished or amended only through legislation.
– Laws are made in line with the will of general people as the people’s representatives have power to make laws.
– It is the most scientific and definitive source of law as opposed to case laws or customary laws.
– It is through legislation that positive changes can be brought to society.
– Delegated legislation helps carry the workload of the parliament and play important roles during an emergency.
– Stable, logical, unambiguous and unrivalled.
– Regulates, authorizes, declares, and restricts
Ignorance of law is no excuse is the cherished statment of law. Unless law can be enacted and popularized beforehand, justice cannot be really have done. Legislations are not retrospective enactment and amendment of law includes publishing and opinion gathering. Legislation is always declared before its implementation and thus, serves philosophy of justice better.
- Provision for future cases
Legislation is not case dependent and doesnt come to existence only after dispute being raised of the same subject matter. Before a lawsuit being raised of the same subject matter. Before a lawsuit begins and whenever the need be felt. Legislations are enacted and guide the course of future cases. The makes its systematic and complete source of law with better efficiency.
Other sources of law are not as popular,clear, and unaimously generalized. Legislations are certain in their content and aid in making legal systems more certain in issues and contexts of legal disputes.
- Clear and accessible
Legislation is clear, concise and accessible to general public as they are laid down earlier in a general abstract form and later used and interpreted deductively incourse of lawsuit. They can be found and understood.
Legislation provides generalization and work division. Good legislation also provides good laws for courts to decide on and make enforcements and adjudication efficient. Coherence Legislated laws and complete and coherent in their contact. Legislations and systematically arranged and thus cohrent aiding to better comprehension. This makes definite and comprensive form of enacted laws assist legal systems to reach better end.
- Abrogative power
Legislation has both constitutive and abrogative power. That is to say, it can make both laws and repeal the existing ones. This makes legislation superior to others sources of law and most important means of legal reform.
– Legislation determines rights and responsibilities of individuals and authorities to whom legislation applied.
– It enables any state to govern its territory.
– It acts as bridge for expressing relationship between individual and state.
– Legislation makes new law to the society.
– By legislation, social control is possible.
– It helps to control, to regulate, to form and to co-ordinate the government.
– It also helps to control human’s behaviours.
– Bulk is reduced.
Precedent is too bulky as there is multiplication of cases and a maze of precedent.
- Definite certainty
Case law produces gaps and uncertainties. Legislation makes law certain, layman can easily understand the law than in other sources.
- Direct and unambiguous
It is in written form. It helps to understand law. Not vague like customs and precedent. Brief and understandable it’s briefly written so everyone can understand.
- Benefits to lawyer
The logically articulated skeleton of law due to the codified legislation makes it easy even for lawyer to extract the principle of law.
- Democratization of law
It is the people who elect the parliament, so indirectly it is the people who makes law. It determines amongst others the rights and responsibilities of individuals and authorities to whom the legislation applies.
A legal system secures greater certainity when the law is codified by legislation than when it stands on the basis of case-law.
– It helps to m`ake news laws and amends the old ones according to public wish.
– It highly controls the executive.
– It passes budget and taxes to be implemented by executive.
– It can also controls the judiciary by means of it’s power of impeachment.
– It includes inclusiveness while formulating the law.
– Legislation enables any states to govern its territory.
– It acts as bridge between individual and state.
– It governs the basic principle of criminal law.
– It includes inclusiveness and formulating the laws.
Law Governs Human Life in All Aspects. Written law governs us before birth, in life, and after death. With growth of human affairs more complex, the importance of legislation is significantly increased. Henry Main, a noted British Jurist, in his comparative study of laws, suggested legislation as one of the most effective and powerful instrument of changing the society.
Courts of each country, where formal judicial institutions are in operation, spend more time interpreting or applying legislation than in any other function. In 1981, Allan Roger, Former Chief legislative Counsel of British Columbia, quoting a letter from Justice Lambert, noted that the British Columbia Court of Appeal dealt with issues of statutory interpretation in at least 75% of cases heard by it. It can hardly be less today or lower percentage in other jurisdictions. This is not merely a Canadian phenomenon. In recent submission to the Hanshard Society for Parliamentary Government, the English Law Society compared the volume of public Acts in the past 50 years. In the 1940s and 50s the number of pages averaged 1000 year, it has since steadily increased to average 2540 pages a year in the 1980s. (The Law Society: Reform of the Legislative Process, Submission to the Hansard Society, March 1992, para 3.1) Lord Hailsham of St. Marylebone, then Lord Chancellor, said in his 1983 Hamlyn lectures that nine out of ten cases heard on appeal before the Court of Appeal and House of Lords either turn up or involve the meaning of words contained in enactment of primary or secondary legislation. (Quoted form David C. Elliott, Getting Better Instructions for Legislative Drafting, 21 October 1992, Victoria British Columbia) Yet, despite its importance and currency, statute law is seen as outside the mainstream of the law. It is paid scant attention by most Universities, most lawyers are ignorant of most of it, and public is either intimidated or dismissive of it. University law faculties have very rarely interested to encourage students to develop interests on legislative research and principle issues. These facts clearly show the significance of legislation in the life a society.