Tiêu đề English Jurisprudence question No 6..pdf ✅

ALVI LAW ASSOCIATES 0313-4384159 Regards: Wajeeh Ahsan Alvi (M.A, LLB, DTL) Contact No: 0313-4384159 NOTE: These notes are the intellectual property of ALVI LAW ASSOCIATES by WAJEEH AHSAN ALVI not for sale not for Re- forward if anyone found in any of above activity will responsible for the consequences. If you are going to study these Notes, I’ll recommend you to take lecture of these questions for better understanding and concept building then you will be better able to understand the question and answer accordingly. All lectures and important stuff is available on my YouTube channel. Channel name Alvi Law Associates. For free notes and lectures series WhatsApp only. Here is the playlist of all lectures of ENGLISH JURISPRUDENCE you can watch lecture of this question from here. https://www.youtube.com/watch?v=pap1Dai9vhQ&list=PLXTPClsX2h dCOj95eYG5BOd7z1Pq2yov9&pp=iAQB Question # 06: Write a detailed note on the concept of legislation as a source of law and its kinds? (This question is from 5th topic of the Outline). 1. INTRODUCTION: Legislation, is a key source of law. It consists of laws established by legislatures and regulations from government bodies. It serves as our society's guidelines, ensuring order and fairness by providing clear rules that everyone can follow for a well-functioning legal system. Legislation is like making important rules for a whole country. Imagine it as a list of
instructions made by important people we choose. These rules help everything work well, from how we drive, to how schools run. 2. DERIVATION OF TERM: The term “Legislation” is derived from Latin word “Legis” means “Law” and “Latum” means “To make” “put or set” so legislation means the making or setting law. 3. MEANING OF LEGISLATION: • According to Oxford dictionary: “The whole or any part of a country’s written law or the process of making written law.” 4. DEFINITION OF LEGISLATION: • According to Salmond: “Legislation is that source of law which consist in the declaration of legal rules by a competent authority.” • According to Austin: “There can be no law without a legislative act.” 5. EXAMPLE OF LEGISLATION: • Pakistan Penal code 1860. 6.MEANING OF SOURCE OF LAW: According to black’s law dictionary: “Something that provides authority for legislation and for judicial decision a point of origin for law or legal analysis.” 7. DEFINITION OF SOURCE OF LAW:
According to Vinogradoff: “Uses it as the process by which the rule of law may be evolved.” 8. LEGISLATION AS A SOURCE OF LAW: Legislation serves as a crucial source of law, providing rules and regulations that guide a society. It involves the creation of laws by a legislative body, such as a parliament or congress, through a formal process. These laws are designed to address various issues, from ensuring public safety to defining individual rights. Legislators propose, debate, and vote on laws, which, once approved, become part of the legal framework. 9. KINDS OF LEGISLATION/SALMOND’S CLASSIFICATION: According to Salmond there are two kinds of Legislation. • Supreme Legislation. • Sub-ordinate Legislation. 10. SUPREME LEGISLATION: • According to Black’s law dictionary: “Legislation that derives directly from the supreme or sovereign power in a state and therefore incapable of being repealed, annulled, or controlled by any other legislative authority.” Explanation: Supreme legislation is the highest set of rules that govern a country, acting as the ultimate authority. It includes the constitution and laws that guide how a nation operates. It is the expression of legislative will of a supreme legislative authority. In Pakistan National assembly, in China and America Congress, and the British parliament are true sovereign law making bodies because there are no external restraint on their absolute authority. 11. SUB-ORDINATE LEGISLATION:
• According to Black’s Law Dictionary: “Legislation that derives from any authority other than the sovereign power in a state and that therefore depends for its continued existence and validity on some superior or supreme authority.” • CASE LAW: Hukam Chand vs Union of India. • HELD: It was held that a sovereign legislature has power to enact law and a subordinate legislation has to act with in the limit of power delegated to it. • EXPLANATION: Subordinate legislation refers to rules and regulations made by authorities under powers granted by a primary law. It helps in detailed decision-making and implementation of laws. Think of it like instructions given by a teacher to a student, guiding them on how to follow the main lesson. Subordinate legislation adds specific details to ensure smooth application of the main law. • EXAMPLE: In Pakistan, an example of subordinate legislation is the issuance of traffic rules by the local traffic police department. These rules may include specific regulations such as speed limits, parking restrictions, and traffic signal guidelines to maintain order and safety on the roads. 12. KINDS OF SUB-ORDINATE LEGISLATION: Here are the types of subordinate legislation in the context of Pakistan. • Colonial Legislation: Explanation: