This slide share explain the details of legislature with some advantages and disadvantages ,types of the same plus it also explain Delegated Legislation and sub delegation.

1. SOURCES OF LAW
VRINDA PARASHAR
JIA DHAWAN

2. LEGISLATION : MEANING AND DEFINITION
THE TERM LEGISLATION IS DERIVED FROM TWO LATIN WORDS LEGIS WHICH MEANS ‘LAW’
AND ‘LATUM’ WHICH MEANS, ‘TO MAKE, PUT OR SET’. THUS THE WORD ‘LEGISLATION’ IS
DERIVED FROM LATIN WORD ‘LEGISLATUM WHICH MEANS ‘LAW MAKING POWER’.
DEFINITION: THE TERM LEGISLATION HAS BEEN DEFINED BY THE WRITERS
IN DIFFERENT WAYS. SOME OF THEM ARE DETAILED BELOW:
According to Salmond: “Legislation is that source of law which comprises in the
assertion of lawful standards by a competent specialist.”
According To Austin: “Legislation is the command of the sovereign or the superior
authority which must be followed by the common masses backed by sanctions”.
According to Gray: “Legislation implies the formal expression of the administrative
organs of the general public.”

3. KINDS OF LEGISLATION
SUPREME
LEGISLATION
SUBORDINATE
LEGISLATION
IT IS A LEGISLATION MADE BY
SUCH BODY THAT, IT CANNOT BE
CONTROLLED BY ANY OTHER
BODY. IT IS MADE BY THE
SOVEREIGN POWER OF THE
STATE DIRECTLY.
Example: law made by the parliament
IT IS THE LEGISLATION
MADE BY DELEGATED
POWERS. THIS IS
CONTROLLED BY THE
SUPERIOR BODY. IT IS THE
LEGISLATION MADE BY THE
AUTHORITY OTHER THAN
THE SUPREME AUTHORITY
IN THE STATE IN THE
EXERCISE OF THE POWER
DELEGATED TO IT BY THE
SUPREME AUTHORITY.

4. KINDS OF SUBORDINATE LEGISLATION
MUNICIPAL LEGISLATION
EXECUTIVE LEGISLATION
COLONIAL LEGISLATION
.
AUTONOMOUS LEGISLATION JUDICIAL LEGISLATION
.

5. ADVANTAGES OF
LEGISLATION
2
DISADVANTAGES
OF LEGISLATION
1) RIGIDITY/ UNBENDING NATURE
2) NO SCOPE FOR JUDICIAL
DISCRETION
3) LACK OF CLARITY
1) LEGISLATION IS THE BEST AND MOST
RELIABLE SOURCE OF LAW.
2) THE MODERN STATES GIVE MORE
IMPORTANCE TO THE LEGISLATION.
3) LEGISLATION MAKES NEW LAWS TO THE
SOCIETY.
4) BY LEGISLATION, SOCIAL CONTROL IS
POSSIBLE.

6. INTRODUCTION TO DELEGATED
LEGISLATION
PARLIAMENT DOES NOT HAVE THE TIME OR THE
EXPERTISE TO PASS EVERY LAW THAT IS
REQUIRED EACH YEAR.
IT IS THEREFORE NECESSARY FOR IT TO GIVE
SOME OF IT’S POWER TO OTHER PEOPLE AND OR
ORGANISATIONS TO MAKE LAWS. ACCORDING TO
SALMOND, DELEGATION AUTHORITY IS THAT
PROCEEDS FROM ANY AUTHORITY OTHER THAN
THE SOVEREIGN POWER AND IS THEREFORE
DEPENDENT FOR ITS CONTINUED EXISTENCE AND
VALIDITY ON SOME SUPERIOR AUTHORITY. IN
SHORT IT MEANS “ ALL RULES , REGULATIONS,
BYLAWS, ORDERS ETC.

7. REASONS FOR GROWTH OF DELEGATED AUTHORITY
PRESSURE UPON
PARLIAMENTARY TIME
FLEXIBILITY
EMERGENCY
SITUATION
SECRECY
TECHNICALITY

8. ADVANTAGES DISADVANTAGES
ADVANTAGES AND
DISADVANTAGES OF DELEGATED
LEGISLATION
~ SAVES TIME
~ BRINGS IN EXPERTISE
~ FLEXIBLE: CAN BE
CHANGED QUICKLY
~ DIFFICULT TO KNOW WHO IS
MAKING LAW
~ THERE MAY BE MORE THAN ONE
SUBORDINATE BODY MAKING D.L
ON SAME ISSUE
~ PARLIAMENT DELEGATES ITS
LAW MAKING POWERS TO
SUBORDINATE BODIES BUT OFTEN
DOES NOT EXERCISE ENOUGH
CONTROL OVER LAWS MADE.

9. SUB DELEGATION
When a statute confers some legislative powers on an executive
authority and the further delegates those powers to another
subordinate authority of agency, it is called 'sub- delegation. Sub-
delegation is the further delegation of power by a delegate to
another person or agency.
There is a well known maxim, which criticizes sub- delegation. It
is ‘DELEGATUS NON PROTEST DELEGARE’ which means,
“A delegate cannot further delegate’’.

10. C
O
N
C
L
U
S
I
O
N
Legislation is therefore regarded as the most
important source of law in the prevalent times.
Hence it is considered to be the codified form of
law which is commanded by the sovereign to the
common masses, and it becomes a predicament
situation to regard legislation as the authoritative
source of law.
Legislation is one of the foremost and most
important source of law in today’s world. Most
countries in today’s world regard legislation as an
essential source of law and follow this system of
lawmaking.

11. THANKYOU