Legislation as a Source of Law

Introduction
Legislation means the process of lawmaking. Legis means law and Latum mean “making”,
and as a whole it means lawmaking. According to Austin, it means the making of law by a
supreme or a sovereign authority which must be followed by people of every stratum of the
society. Salmond defines Legislation as the process of lawmaking by a competent and able
authority. Legislation is the process of lawmaking where a competent authority is given the
task of drafting and enacting the law in a state. It is also said to be a strict concept of lawmaking
because there is only one body which is entrusted with the work of lawmaking and also there
is no scope of any alteration as such because of codified and watertight laws which leave a
very minuscule range of the amendment.
Definition of Legislation
According to Salmond
“Legislation is that source of law which comprises in the assertion of lawful standards by a
competent specialist.”
According To Austin
“Legislation is the command of the sovereign or the superior authority which must be followed
by the common masses backed by sanctions”.
According to Positivist School
This school don’t affirm that the courts additionally can figure law. They don’t concede the
case of custom as a wellspring of law. Consequently, they view just legislation as the form of
law.
According to Historical School
“The legislation is the least innovative of the forms of law. The authoritative motivation behind
the legislation is to give the better framework and increasingly viable the custom which is
unexpectedly created by the general population.” Historical School usually don’t perceive the
legislation as a form of law.
Types of Legislation
Legislation can have numerous reasons, for instance, to direct, to approve, to endorse, to give,
to authorize, to allow, to proclaim, to confine and to annul. Therefore, in enacting any
legislation and the rule of law, the welfare of the citizens must be kept in mind and therefore,
it is must be adopted in the best interests of the citizens.
Some different types of legislation are as follows.
Supreme Legislation
The Supreme legislation is the legislation adopted by the sovereign intensity of the state. In
this manner, some other authorities which are the organ of the state cannot control or check it.
It is considered incomparable as well as lawfully powerful. There is no legitimate restriction
on its capacity. Pakistani parliament is likewise preeminent. Even though there are different
constitutional amendments upon its capacity, it isn’t subject to any other administrative
authorities inside the state. Therefore, the sovereign jurisdiction of the state can’t be revoked,
cancelled or constrained by some other authoritative organ of the state.
Subordinate Legislation
Subordinate legislation will be legislation by some other authority than the Supreme specialist
in the state. It is made under the powers designated by the Supreme authority. Such
legislation owes its reality, legitimacy, and continuation to the Supreme expert. It can be
cancelled and abrogated anytime by the power of the sovereign authority and therefore, it must
offer an approach to sovereign legislation. Subordinate legislation is liable to parliamentary
control.
Five unique types of subordinate legislation can be distinguished. These are as follows.
Colonial Legislation
The nations which are not autonomous and are under the control of some other state have no
Supreme capacity to make law. Such countries can be in different classes such as colonies,
domains, secured or trust regions and so forth. The laws made by them are subject to the
Supreme legislation of the state under whose control they are. Therefore, it is subordinate
legislation.
Executive Legislation
At the point when legislative powers are delegated by the designated official to an executive,
it is called executive legislation. Even though the significant capacity of the official is to
execute the laws and carry on the organisation, he/she is continuously dependent on some
subordinate enactment powers. Today, for all intents and purposes of each law sanctioned by
the lawmaking body contains assignment statements giving law-making powers by the official
to the executive in order to enhance the statutory arrangements.
Judicial Legislation
Powers delegated to the judicial system to make and implement their own laws to maintain
transparency in the judicial system of the country. This will also ensure that there is no
involvement of any other organ of the government in the governance of the judicial system of
the state.
Municipal Legislation
Municipal bodies are offered powers to make byelaws concerning their neighborhood matters.
Byelaw made by a neighborhood body works inside its individual area. In Pakistan, such
municipal bodies are Municipal corporations, Municipal Boards, and so on.
Autonomous Legislation
At the point when the Supreme authority gives powers upon a gathering of people to administer
on the issues depended to them as a gathering, the law made by the last is known as
the autonomous law and the body is known as a self-ruling body. A railway is an independent
body. It makes byelaws for the guideline of its organisation, and so on. A college is likewise a
self-governing body. Even some universities in Pakistan have been granted the status of
autonomous bodies.
Delegated Legislation
• Delegated (subordinate or subsidiary) Legislation alludes to those laws made by people
or bodies to whom parliament has delegated law-making powers.
• Where Acts are made by Parliament, a Principle Act may cause arrangement for
Subsidiary Legislation to be made and will to indicate who can make laws as such under
that Act.
• Delegated Legislation can just exist in connection to an empowering parent Act.
• Delegated Legislation contains the numerous regulatory subtleties essential to guarantee
that the arrangements of the Act will work effectively. It might be directed by
Government Departments, Local Councils or Courts.
• Guidelines and Statutory Rules are the most widely recognized types of Delegated
Legislation. They are made by the Executive or a Minister which apply to the overall
public. By-laws, and once in a while Ordinances are made by a Local Government
Authority which also applies to the general population who live around there. Principle
and Parent Act regularly depict methodology to be followed in Courts if there is any
flaw in a delegated law.
Advantages of Legislation as a Source of Law
Abrogative Power
It can change or annul old law; which control isn’t controlled by different sources.
Effectiveness
It separates the elements of making law and overseeing it between the Legislature and the legal
executive.
Declaration
It gives that principles of law will be known before they are authorized.
Reliance on Accidental Legislation
Legislation is independent and emerges out of as the authoritative source of law it need not
hold up until the original case of legislation.
Unrivalled in Form
It is predominant in structure, brief, clear, effectively available and understandable as against
case law, which is an increase of sense in a considerable amount of pointless issue.
Demerits of Legislation
There is no source of law which is perfect and totally complete in its form and sense, some
lacunas and loopholes could be easily found in every source of law which is as follows in the
case of legislation.
Unbending nature—Law in the legislation is inflexible though the law in the precedents is
versatile and adaptable.
In view of Hypothesis — Legislation, for the most part, continues on speculative certainties,
by considering the existing environment and surrounding in which the established law is
frequently observed to be blemished in its application to the mind-boggling issues emerging in
genuine life though piece-scratches develop out of the commonsense exigencies and
convenience.
An excessive amount of Importance to the Wordings—Legislation appends a lot of
significance to its wordings. Thus, if the articulation is faulty, the law in itself gets effectively
turned. In the precedents, the wording matters close to nothing as there is a genuine introduction
which performs separate checks on the applicability of precedent as a source of law. Same goes
with the customary law as well.
Conclusion
Legislation is therefore regarded as the most important source of law in the prevalent times.
Hence it is considered to be the codified form of law which is commanded by the sovereign to
the common masses, and it becomes a predicament situation to regard legislation as the
authoritative source of law. Legislation is one of the foremost and most important source of
law in today’s world. Most countries in today’s world regard legislation as an essential source
of law and follow this system of lawmaking. Although some lacunae and loopholes are there
which exists in the present form but then too the difficulties such faced are relatively less than
that faced from the other sources of law viz. custom and precedent as legislation as a source
of law tries to bring uniformity by avoiding the ambiguity.
Precedent and Legislation
(DEAR STUDENTS. PLEASE NOTE THAT THIS IS A SEPARATE QUESTION WHICH THE EXAMINER
MIGHT ASK WITH REGARDS TO DIFFERENCE BETWEEN PRECEDENT & LEGISLATION)
LEGISLATION PRECEDENT
The legislation has its source in the process Precedent has its origin in ancient and
of law which is basically enacted and historic judicial pronouncements.
enforced by the State
Legislation has an authoritative force on Precedents are made by the
courts by the assembly. courts themselves.
Legislation signifies formal declaration of Precedents are acknowledgement and use of
law by the governing body. new standards of law by courts in the
administration of equity, justice and good
conscience.
Legislation is ordered before a case emerges. Precedent appears simply after the case has
developed and taken for the choice of the
court.
Legislation is basically of an exhaustive Precedent is restricted to comparable
structure cases as it were.
Legislation is commonly and Precedent is retrospective in nature.
generally forthcoming
Legislation is announced or distributed Precedent comes into power on the double,
before it is brought into power. i.e. when the choice is articulated.

Legislation is finished with the goal of Precedent which incorporates ratio decidendi
the lawmaking process. and obiter dicta are expected to settle a
 particular contest on the purpose of law once
for all.

Custom and Legislation

(DEAR STUDENTS. PLEASE NOTE THAT THIS IS A SEPARATE QUESTION WHICH THE EXAMINER
MIGHT ASK WITH REGARDS TO DIFFERENCE BETWEEN CUSTOM & LEGISLATION)
LEGISLATION CUSTOM
The presence of legislation is basically by Customary law is wholly accepted in a
law particular boundary.
Legislation is enacted out of hypothetical Customary law becomes is adopted because
standards. of its very well and long presence in history.
Legislation as a source is indeed a long- Custom is established type of law and is
lasting nature of law. followed by a particular sect.
The legislation is a fundamental Customary law was created in a crude social
characteristic for a present-day society order.
Legislation is finished, exact, written in the Customary law is generally unwritten and is
structure and effectively open. hard to follow.
Legislation results out of the deliberations Custom develops inside the general public in
the ordinary course.