Legislation (Statute Law)

Legislation — also known as statute law — is one of the primary sources of law in most legal systems. It refers to the laws that are formally made by elected legislative bodies, such as a parliament, congress, or assembly.

These laws are written down in formal documents called acts, statutes, or laws, and they often form the core of a country’s legal framework beneath the constitution.

What Is Legislation?

Legislation is law made by lawmakers. It is a clear and authoritative source of legal rules that apply to everyone in a society. Once passed, legislation can:

• Create new legal obligations

• Grant rights

• Regulate behavior

• Establish institutions

• Update or repeal older laws

Who Makes Legislation?

Legislation is usually created by the legislature — the branch of government responsible for making laws.

Examples of legislative bodies:

• United Kingdom – Parliament

• United States – Congress

• Indonesia – DPR (People’s Representative Council)

• Australia – Federal and State Parliaments

In most democratic systems, the executive branch (such as a minister or president) may propose a bill, but it must be debated and approved by the legislature before becoming law.

How Legislation Is Made: The Legislative Process

While the exact process varies by country, here is a general outline:

1. Drafting a Bill
   A bill is a proposal for a new law or a change to an existing law. It may be introduced by a government minister or, in some cases, by a private member.

2. First Reading
   The bill is formally introduced. The title and main purpose are read out. There is usually no debate yet.

3. Second Reading
   The bill is debated in detail. Lawmakers discuss the principles and whether the law is needed.

4. Committee Stage
   The bill is examined clause-by-clause. Amendments (changes) can be made.

5. Third Reading
   Final version of the bill is debated and voted on.

6. Approval by Upper House (if applicable)
   In bicameral systems, the bill may need approval from a second chamber (e.g., Senate).

7. Royal Assent or Presidential Signature
   Once passed by parliament, the bill is signed into law by the head of state (e.g., president or monarch), becoming an Act or Statute.

Example: A new law regulating online privacy would go through this process before becoming enforceable.

 

Advantages of Legislation

• Clarity and certainty – Laws are written and publicly available

• Democratic legitimacy – Laws are made by elected representatives

• Comprehensive scope – Legislation can regulate entire areas of life (e.g., health, education, environment)

• Flexibility – Laws can be amended or repealed to adapt to changing circumstances

Limits of Legislation

• Must comply with the constitution – A law that conflicts with constitutional rights can be struck down

• May require interpretation – Judges still interpret legislation when applying it to real-life situations

• Can be complex – Legal language and structure may be difficult for the public to understand without guidance

Primary vs. Delegated Legislation (Preview)

Legislation passed directly by parliament is called primary legislation.
Parliament can also give permission to government ministers or agencies to make delegated (or secondary) legislation — rules that fill in the details of a law. We’ll explore this more in a later lesson.

Together with constitutional law and case law, legislation forms the backbone of the legal system.