In jurisprudence, legislation acts as a fundamental source of law involving the formal enactment of legal rules by a competent authority. It gives a structured framework for governance for clarity and uniformity in legal systems. Knowing the nature, scope, advantages and disadvantages of legislation is important for comprehending its role in shaping societal norms and regulations. Explore other important Judiciary Notes.

Legislation As a Source of Law : Nature and Scope

Legislation refers to the process by which legislative bodies such as parliaments or congresses, create laws. It encompasses statutes, acts and regulations that govern various aspects of society. The scope of legislation is extensive which covers areas like criminal law, civil rights and administrative procedures. As a source of law in jurisprudence legislation has a primary position due to its authoritative and deliberate nature .

Some of the illustrations of legislation as a source of law are as follows-

• The Indian Penal Code (1860) : Enacted by the British colonial government this comprehensive code defines offenses and prescribes punishments, serving as the foundation of criminal law in India.
• The Civil Rights Act (1964): A landmark U.S. legislation that outlawed discrimination based on race, color, religion, sex, or national origin, significantly advancing civil rights.
• The Companies Act (2013) : An Indian statute that regulates corporate affairs including company formation, responsibilities and dissolution.
• The Affordable Care Act (2010): Also known as "Obamacare," this U.S. law aimed to reduce healthcare costs and expand healthcare coverage.
• The General Data Protection Regulation (GDPR) (2018) : A regulation in EU law on data protection and privacy influencing global data protection practices.

Legislation as a Source of Law : Advantages

Advantages in connection with legislation as source of law are given below-

• Clarity and Precision: Legislation provides clear and specific legal standards, reducing ambiguity in legal interpretation.
• Uniformity : It ensures consistent application of laws across jurisdictions for promoting fairness.
• Adaptability: Legislative bodies can promptly address emerging societal issues by enacting new laws or amending existing ones.
• Democratic Legitimacy : As representatives of the people, legislators enact laws showing the collective will and societal values .

Legislation as a Source of Law : Disadvantages

Disadvantages in connection with legislation as source of law are given below-

• Rigidity : Legislation lacks flexibility and less adaptability which makes it challenging to adapt to unforeseen situations .
• Complexity: Detailed statutes lead to complexity in making compliance and enforcement difficult.

Overemphasis on Wording : Strict adherence to statutory language can result in unjust outcomes if the law's spirit is overlooked.

Cases help illustrate how courts apply the legislation as a source of law. The following are some of the landmark judgments related to this. Some landmark cases include :

Donoghue v. Stevenson (1932): 

A foundational case in tort law where the House of Lords established the modern concept of negligence, illustrating judicial interpretation of legislative principles.

Brown v. Board of Education (1954) :

The U.S. Supreme Court declared state laws establishing separate public schools for black and white students unconstitutional by showcasing the role of the judiciary in enforcing legislative intent.

Keshavananda Bharati v. State of Kerala (1973): 

The Supreme Court of India outlined the basic structure doctrine by asserting that certain legislative amendments cannot alter the Constitution's fundamental framework.

Roe v. Wade (1973) :

The U.S. Supreme Court ruled that state laws banning abortions were unconstitutional, interpreting the due process clause of the 14th Amendment.

R v. R (1991): 

The House of Lords in the UK recognized marital rape as a crime by reflecting evolving legislative interpretations in line with contemporary societal values .

Conclusion

Legislation as a source of law in jurisprudence, plays a pivotal role in shaping legal systems. Its structured and authoritative nature provides clarity, uniformity and adaptability which is essential for orderly governance. While it has certain limitations like rigidity and complexity, the advantages of legislation in establishing a coherent legal structure are undeniable. Understanding the nature and scope of legislation is vital for appreciating its impact on societal regulation and the administration of justice.

Download Key take aways of Legislation As a Source of Law