legislation

Salmond describes legislation as the source of law which consists in the declaration of legal rules by a competent authority. Supreme legislation is made by a sovereign legislature (in India, Parliament and State Legislatures within their limits); subordinate legislation is made by bodies to whom power is delegated, such as rules, regulations, by-laws and notifications made by the executive.

Compared with precedent and custom, legislation can abrogate as well as create, is made in advance and is published in clear form. In India legislation is subject to the Constitution: it is valid only within the legislative lists of the Seventh Schedule and if it does not violate fundamental rights.

Example

Unlike custom, legislation can change the law at once, as the Hindu Succession (Amendment) Act, 2005 did for daughters.

In Indian law

• Articles 245 and 246 and Seventh Schedule, Constitution of India

See also

statute · delegated legislation · sources of law · precedent

Read more in the study notes

• Delegated legislation: meaning, growth, merits and administrative directions (Administrative Law)
• Excessive delegation, conditional legislation and sub-delegation (Administrative Law)
• Control of delegated legislation: parliamentary, procedural and judicial (Administrative Law)
• Administrative law: meaning, nature, scope, growth and sources (Administrative Law)
• Separation of powers and its bearing on administrative law (Administrative Law)
• Judicial power of the administration: quasi-judicial functions and administrative adjudication (Administrative Law)