CHAPTER 1 STATUARY INTERPRETATION STATUTE AND LEGISLATION

TOPIC RELATED

•STATUTE AND LEGISLATION

•ENACTED LAW OR STATUTE LAW

•CLASSIFICATION OF LAW


Statute law or Statutory law is a law that is created by the legislation, for e.g. the State Legislature. A statute is a formal act of the legislature in written form. A legislature is a kind of assembly with the power to pass, amend and repeal laws. Statutory laws are the basic framework of the modern legal system. Supreme legislation and subordinate legislation are two types of the legislature. Legislative powers are divided into three lists: Union list, State list, and concurrent list. Let us learn more about the types of the legislature and legislative powers.


in India statute enacted the law enacted by the Parliament or by the state legislature provided in the constitution able to be passed as an act of Parliament it must be received the agreement of the Lok Sabha and Rajya sabha finally the assent of the president.

the legislation means to make the law the legislation is that source of the laws which consists in declaration of legal rules by the competent authority the legislation means the formal utterance of the legislative organ of the society.


ENACTED LAW OR STATUTE LAW

Enacted law is the body of a law adopted by the people or legislative bodies. It includes: ... Statutes (ordinances/laws) passed by legislative bodies, and; Regulations passed by administrative bodies that have the force of law


CLASSIFICATION OF LAW

Law may be classified in various different ways but the most important classifications are as follows:

1.Public Law and Private Law

2.Criminal Law and Civil Law

3.Substantive Law and Procedural Law

4.Municipal Law and International Law

5.Common Law and equity

Public Law and Private Law:

Public law: Publiclaw is the law that is concerned with the relationship of the citizens and the state. This consists other different specialist areas as follows:


Constitutional law: Constitutionallaw is concerned with the Indian constitution. It covers within its twenty five parts and twenty schedules the composition and procedures of Parliament, the functioning of central and local government, citizenship and the fundamental rights and liabilities of the citizens of the country.


Administrative law: Administrativelaw is the law that is brought to for better and convenient administration of the government and the government bodies.


Private law: Private law is the law that is predominantly concerned with the rights and liabilities of individuals towards each other.

Criminal law and civil law:

Legal laws are classified usually into two different types: criminal and civil law. It is important to note here that the nature of this classification is because there are major differences in the purpose, procedures and terminology of every branch of law.


Criminal law: Criminal law is the law that is connected with the act of forbidding particular forms of wrongful conduct and imposing punishment on those who engage in such acts


Civil law: Thecivil law deals with the private rights and duties which arise between individuals in a country. The object of a civil action is to correct the wrongdoing that has been committed

Substantive and Procedural Law:


Substantive law :The law which defines rights and liabilities is known as substantive law. It is called so since it lays down a proper and precise substance of subject matter which is enforceable in the courts. The purpose of a law that is substantive is to define, create or confer a proper substantive legal right or status or to impose the nature and extent of any sort of legal duties or obligations.. For the purpose of any substantive law, the wrongs could be either civil or criminal. Substantive law refers to all forms of law both, public and private including the law of contracts, property, torts and crimes of all kinds.


Procedural Law: The law of procedure is that branch of law that deals with the process of litigation. The Indian Evidence Act, the Limitation Act, the Code of Civil Procedure, the Code of Criminal Procedure are instances of procedural law.


Municipal Law and International Law:

Municipal Law: Municipalor Domestic law is that facet of law that springs from and has an effect on the members of a particular state. An example of a municipal law is the Constitution of India that applies only in India.


International Law: On the other hand, International law is the law that governs laws between different countries. It regulates the relationship between various independent countries and is usually governed by treaties, international customs and so on. Examples of International law include the Universal Declaration of Human Rights, the African Charter on Human and People’s Rights etc.


Common law and equity:

Law may further be classified as per the nature as to whether they form part of the common law or equity. The distinction between the systems of common law and equity rises from far long in history and could be understood properly by an examination of the origins of English law. The common law is the law followed and gained by the Crown of England. It could be traced back to 1066 when William of Normandy obtained the crown of England by defeating King Harold in the Battle of Hastings. Before the Normans arrived there was no such thing known as English law. The Anglo-Saxon system of law was based on the local community. Each and every area possessed its own system of courts wherein the local customs were applied as common law. The Normans were great administrators and they undertook a process of centralization that created an accurate climate for the evolution of a uniform system of law for the entire country which is equally applicable as a rule of law.


Conclusion:

Therefore, law could be classified into different types and every form of law emerged over a period of time to form a set of rules that we use to govern the society on the whole. According to the various functions governed by law, it is classified as different forms of law to avoid chaos or confusion in administering such laws. Laws are involved into every aspect of human life and it is imperative to classify law so as to follow them for the benefit of the society.



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