Legislation as a source of law

Legislation refers to the rules or laws enacted by the legislative organ of the government. It is one of the most important sources of law in jurisprudence. The word legislation is derived from the words legis and latum, where legis means law and latum means making. 

Types of legislation 

According to Salmond, legislation can be classified into two types- Supreme and Subordinate. 

1. Supreme legislation 

Legislation is said to be supreme when it is enacted by a supreme or sovereign law-making body. The body must be powerful to the extent that the rules or laws enacted by it cannot be annulled or modified by another body. Indian Parliament cannot be said to be a sovereign law-making body as the laws passed by the parliament can be challenged in the courts. The British Parliament, on the other hand, can be said to be a sovereign law-making body since the validity of laws passed by it cannot be challenged in any court. 

2. Subordinate legislation 

Legislation enacted by a subordinate law-making body is said to be subordinate legislation. The subordinate body must have derived its law-making authority from a sovereign law-making body. It is subject to the control of the supreme legislative body. The following are the different kinds of subordinate legislation: 

• Executive legislation: This is a form of subordinate legislation where the executive is granted or conferred certain rule-making powers in order to carry out the intentions of the legislature. 
• Colonial legislation: Many territories across the globe were colonized by Britain and such territories were called colonies. The legislation passed by the legislature of such colonies was subject to the control of the British Parliament. 
• Judicial legislation: Courts also have a role in enacting laws that aid in regulating the internal affairs and functioning of courts. 
• Municipal legislation: Municipal authorities also possess the law-making power as they enact bye-laws. 
• Autonomous legislation: Another kind of legislation is autonomous legislation, which is concerned with bodies like universities, corporations, clubs, etc. 

Delegated legislation: Sometimes legislative powers may be delegated to certain bodies by the parliament through principal legislation. A principal act may create subsidiary legislation that can make laws as provided in the principal legislation.