What is Legislation?
According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a competent authority".It is derived from Latin word, legislatum which means "Law making power". In simple words "Legislation is a law making body."
Kinds of Legislation -
There are two kinds of Legislation Supreme Legislation and Subordinate Legislation.
1) Supreme legislation -
Supreme legislation is that which proceeds from the sovereign power in the state. It cannot be repealed, annulled or controlled by any other legislative authority. It is enacted by the highest law-making authority in the state. For example parliament in India, USA and England.
In England, Supreme legislation cannot be questioned in a court of law. The British Parliament is in every sense of sovereign law making body. In Britain, the doctrine of parliamentary sovereignty implies supremacy and omnipotence of British Parliament. Therefore. It possesses the power of Supreme legislation. In India and United States of America however, the parliament is sovereign but not supreme because legislation can be declared ultra vires or unconstitutional by a court of law. It may therefore, be amended or altered.
2) Subordinate legislation -
Subordinate legislation is legislation made by the authority or other than the supreme authority in the state in the exercise of the power delegated to it by Supreme authority. This is controlled by the supreme authority. Thus legislative authority is dependent for its continued existence and validity on the supreme authority. It can be repealed. Subordinate or delegated legislation increased in 19th and 20th century because of number of a reaction.
Difference between Supreme Legislation and Subordinate Legislation
According to Salmond, "Legislation is that source of law which consists in the declaration of legal rules by a competent authority".It is derived from Latin word, legislatum which means "Law making power". In simple words "Legislation is a law making body."
Kinds of Legislation -
There are two kinds of Legislation Supreme Legislation and Subordinate Legislation.
See in Details ... Kinds of Legislation
1) Supreme legislation -
Supreme legislation is that which proceeds from the sovereign power in the state. It cannot be repealed, annulled or controlled by any other legislative authority. It is enacted by the highest law-making authority in the state. For example parliament in India, USA and England.
In England, Supreme legislation cannot be questioned in a court of law. The British Parliament is in every sense of sovereign law making body. In Britain, the doctrine of parliamentary sovereignty implies supremacy and omnipotence of British Parliament. Therefore. It possesses the power of Supreme legislation. In India and United States of America however, the parliament is sovereign but not supreme because legislation can be declared ultra vires or unconstitutional by a court of law. It may therefore, be amended or altered.
2) Subordinate legislation -
Subordinate legislation is legislation made by the authority or other than the supreme authority in the state in the exercise of the power delegated to it by Supreme authority. This is controlled by the supreme authority. Thus legislative authority is dependent for its continued existence and validity on the supreme authority. It can be repealed. Subordinate or delegated legislation increased in 19th and 20th century because of number of a reaction.
Difference between Supreme Legislation and Subordinate Legislation
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No
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Supreme Legislation
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Subordinate Legislation
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1
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Supreme legislation is that which proceeds from sovereign power in this State.
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Subordinate legislation is that which proceeds from any authority other than sovereign power.
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2
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Supreme legislation is that which proceeds from sovereign power in this State.
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It is dependent for its continued existence validity on some superior authority
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See also
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ReplyDeleteLegislation, as defined by Salmond, is the process of creating legal rules by a competent authority. It is the backbone of lawmaking, where the power to formulate laws comes from a designated body. Legislation can be classified into two types: Supreme Legislation and Subordinate Legislation. Ride Taxi
ReplyDeleteThe difference between Supreme Legislation and Subordinate Legislation lies primarily in their scope and authority. Supreme Legislation refers to laws enacted by a sovereign body, like a parliament, that are supreme in nature and cannot be overridden by lower authorities. On the other hand, Subordinate Legislation is made by authorities under the power granted by Supreme Legislation. It can be modified or repealed by the legislature.
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The distinction between supreme legislation and subordinate legislation lies in their source and authority:
ReplyDeleteSupreme Legislation: Enacted by the sovereign or highest law-making authority in a state, such as Parliament in the UK, USA, or India. It is independent and cannot be annulled or controlled by another legislative body. For example, in the UK, the Parliament holds supreme legislative power, whereas in India and the USA, judicial review can limit such legislation.
Subordinate Legislation: Created by authorities other than the supreme authority, under powers delegated by the latter. It is dependent on and controlled by the supreme authority, which can amend or repeal it. This form of legislation has grown in prominence due to increasing complexities in governance and administration in the 19th and 20th centuries.
In essence, supreme legislation reflects sovereign authority, while subordinate legislation addresses administrative necessities under delegation. Types Of Drones