Legislative - Law Dictionary Search Results
Home Dictionary Name: legislativeDelegated legislation
Delegated legislation, Delegated Legislation has been defined by Salmond as 'that which proceeds from any authority other than the sovereign power and is therefore dependent for its continued exis-tence and validity on some superior or supreme authority'. (See: Salmond, Jurisprudence, 12th Edn., page 116), Agricultural Marks Committees v. Shalimar Chemical Works, AIR 1997 SC 2502 (2506): (1997) 5 SCC 516.Most of the delegated legislation is called statutory instruments, they are to be laid before Parliament and are subject to approval or disapproval by either House; Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 576.In England, the practice of delegating legislative power increased tremendously after the Reform Bill of 1872 and reforms in Local Government, the first world was caused a further rapid rise in delegated legislation, The Office of the Speaker in the Parliaments of Commonwealth, by Wilding and Philip Laundry, p. 200.The Parliament lays down the principles of law an...
Colourable legislation
Colourable legislation, the doctrine of colourable legislation does not involve any question of bona fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is competent to pass a particular law, the motives which impelled it to act are really irrelevant. On the other hand, if the legislature lacks competency, the question of motive does not arise at all. Whether a statute is constitutional or not is thus always a question of power. The idea conveyed by the expression is that although apparently a legislature in passing a statute purported to act within the limits of its powers, yet in substance and in reality it transgressed these powers, the transgression being veiled by what appears, on proper examination, to be a mere pretense or disguise, K.C. Gajapathi Narayan Deo v. State, (1954) SCR 1: AIR 1953 SC 375. See also Gullapalli Nageswara Rao v. Andh...
Legislation
Legislation, a legislation, it is trite, is not confined to a statute enacted by Parliament or the legislature of a State, which would include delegated legislation and subordinate legislation or an executive order made by the Union of India, State or any other statutory authority. In a case where the field is not covered by any statutory rule, executive instructions issued in this behalf shall also come within the purview thereof. Situs of office of Parliament, legislature of a State or authorities empowered to make subordinate legislation would not by itself constitute any cause of action or cases arising. In other words, framing of a statute, statutory rule or issue of an executive order or instruction would not confer jurisdiction upon a court only because of the situs of the office of the market thereof, Kusum Ingots & Alloys Ltd. v. Union of India, (2004) 6 SCC 254 (263).--the making of law; any set of statutes.The distinction between a 'legislative' act and a 'judicial' act is w...
legislation
legislation 1 : the making or giving of laws ;specif : the exercise of the power and function of making rules that have the force of authority by virtue of their promulgation by an official organ of the state 2 : the enactments of a legislator or legislative body 3 : a matter of business for or under consideration by a legislative body [recently proposed ] ...
legislative intent
legislative intent : the ends sought to be achieved by a legislature in an enactment NOTE: Courts often look to legislative intent for guidance in interpreting and applying a law. The legislative history, the language of the law, and the wrong to be corrected may provide indications of the legislative intent. ...
Legislative power and judicial power
Legislative power and judicial power, the essence of the distinction between legislative power and judicial power is that the legislature makes new law which becomes binding on all persons over whom the legislature, exercises legislative power; the judicature applies already existing law in the resolution of disputes between particular parties and Judges may not deviate from this duty. This view of the distinction between the obligation to apply and enforce rules and a discretion to modify rules or make new rules was at one time applied uncompromisingly in describing functions as legislative or judical, Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 (2374): 1975 Supp SCC I....
legislate
legislate -lat·ed -lat·ing vi : to perform the function of legislation ;specif : to make or enact laws vt : to cause, create, provide, or bring about by legislation ...
legislative
legislative 1 a : having the power or performing the function of legislating b : belonging to the branch of government that is charged with such powers as making laws, levying and collecting taxes, and making financial appropriations compare administrative, executive, judicial 2 a : of or relating to a legislature [ committees] b : composed of members of a legislature [ caucus] c : created or effectuated by a legislature esp. as distinguished from an executive or judicial body d : designed to assist a legislature or its members [a research agency] 3 : of, concerned with, or created by legislation leg·is·la·tive·ly adv ...
legislative counsel
legislative counsel : a lawyer or group of lawyers employed to assist legislators in the procedures (as holding hearings and drafting bills) for enacting legislation ...
Comparative legislation, society of
Comparative legislation, society of. A body formed for the purpose of studying and circulating information respecting the laws and legislation of various countries. The Society issues journals to its subscribers two or three times a year, one of them each year containing an account of the legislation of the whole British Empire for a previous year....
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