Legal Dictionary

legislation

Legal Definition of legislation

Noun

  1. Written and approved laws. Also known as "statutes" or "acts." In constitutional law, one would talk of the "power to legislate" or the "legislative arm of government" referring to the power of political bodies (e.g.: house of assembly, Congress, Parliament) to write the laws of the land.

Related terms


Definition of legislation

Etymology

    From Late Latin l"gislātiō (“the giving of the law”).

Pronunciation

Noun

legislation (usually uncountable; plural legislations)

  1. The act of legislating; preparation and enactment of laws; the laws enacted.
  2. Law which has been enacted by legislature or other governing body

Further reading

Legislation (or "statutory law") is law which has been promulgated (or "enacted") by a legislature or other governing body, or the process of making it. (Another source of law is judge-made law or case law.) Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to as "legislation" while it remains under consideration to distinguish it from other business. Legislation can have many purposes: to regulate, to authorize, to proscribe, to provide (funds), to sanction, to grant, to declare or to restrict.

Under the Westminster system, an item of primary legislation is known as an Act of Parliament after enactment.

Legislation is usually proposed by a member of the legislature (e.g. a member of Congress or Parliament), or by the executive, whereupon it is debated by members of the legislature and is often amended before passage. Most large legislatures enact only a small fraction of the bills proposed in a given session. Whether a given bill will be proposed and enter into force is generally a matter of the legislative priorities of government.

Legislation is regarded as one of the three main functions of government, which are often distinguished under the doctrine of the separation of powers. Those who have the formal power to create legislation are known as legislators; a judicial branch of government will have the formal power to interpret legislation (see statutory interpretation); the executive branch of government can act only within the powers and limits set by the law.

Alternate means of law-making

The function and procedures are primarily the responsibility of the legislature. However, there are situations where legislation is made by other bodies or means, such as when constitutional law or secondary legislation is enacted. Such other forms of law-making include referendums, constitutional conventions, orders in council or regulations. The term legislation is sometimes used to include these situations, or the term primary legislation may be used to exclude these other forms.

References:

  1. Wiktionary. Published under the Creative Commons Attribution/Share-Alike License.



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