Legislation: supreme and subordinate legislation, delegated legislation and its controls, codification, and legislation compared with custom and precedent
LUG-102 Jurisprudence — Legal Method, Indian Legal System and Basic Theory of Law, Unit III: Modern: precedent and legislation. · LLB · 60 min
Legislation is the chief modern source of law. This lecture defines it (Salmond, Austin, Gray), separates supreme from subordinate legislation and classifies the subordinate kinds (colonial, executive, judicial, municipal, autonomous), examines delegated legislation - its growth, forms, the limit of "essential legislative function" set in In re Delhi Laws Act and Hamdard Dawakhana, and the parliamentary, judicial and procedural controls -, places Indian legislation within Articles 13, 123, 245-246 and the three Lists, compares legislation with custom and precedent in Salmond's terms, weighs codification, and ends with the three rules of statutory interpretation. Questions on supreme and subordinate legislation and on the advantages of legislation recur in every paper.
Objectives
- Define legislation and state the views of Salmond, Austin and Gray on it as a source of law
- Distinguish supreme from subordinate legislation and classify the kinds of subordinate legislation with Indian examples
- Explain delegated legislation, the reasons for its growth, its forms, the constitutional limit laid down in In re Delhi Laws Act and Hamdard Dawakhana, and the controls over it
- Compare legislation with custom and precedent and state Salmond's advantages and disadvantages of legislation
- Explain codification and apply the literal, golden and mischief rules of interpretation
Slides
- Legislation: meaning and definitions
- Supreme and subordinate legislation
- Kinds of subordinate legislation
- Delegated legislation: meaning, growth and forms
- The limit: In re Delhi Laws Act and Hamdard Dawakhana
- Controls over delegated legislation
- Legislation in India: Articles 245-246, the Lists and Article 13
- Legislation compared with custom and precedent
- Codification
- Interpretation of statutes: the three rules in one slide
- Legislation as the modern source: the exam map
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