Updated: Jul 18
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About the Author:
Prof.(Dr.) Priya Sepaha
Director, Law Colloquy,
Author, Trainer, blogger, Youtuber
Law is a set of rules and regulations enacted by the parliament to direct the conduct of people. It is an arrangement of controls that are made to administer individuals, to help them in their lead as indicated by the standards of the general public. Laws are made to maintain public order and to control and protect individuals. Laws are broader in nature, and they are not entangled. We get the opportunity to perceive what we ought to do and ought not to do specifically by it.
The term 'law' in general is a wider term which includes many things like, an act, ordinance, order, by-laws, rule, regulation, decisions of the High Courts or Supreme Court, authorized notices, etc. made by government bodies.
Broadly law is of two types:
Common law is characterized as a group of legitimate standards that have been made by judges as they issue decisions on cases, rather than guidelines and laws made by the lawmaking body or in official statutes.
Be that as it may, saying this doesn't imply that that common law frameworks determine the majority of their laws from case law. The majority democratic country that have received the common law framework have administrative bodies at the focal point of their popular governments, and these bodies frequently pass new enactment. This enactment is then translated and connected by the legal amid preliminaries; these decisions will then be connected in future cases under the doctrine of stare decisis, another name for the legal point of reference. Extensive collections of law, for instance, those identifying with property, contracts, and torts, are generally part of the common law. More present-day territories of law, for example, business law, Intellectual property law, and health and safety have a tendency to be founded on the statute instead of on precedent-based law.
On the other hand Legislative law/statutory law is passed by the parliament. Statutory law is a more formal body of the legal system that consists of written or codified legislation. This legislation will mainly be based on rules and regulations either mandating or prohibiting certain behaviors of the general public.
Many times statutory law can be interpreted differently by different people. That is why making rulings based on precedent in common law systems can be beneficial when the meaning of a law is disputed. When the facts of a case are unique and there is no binding precedent, these are called cases of the first impression. In this case, a judge’s decision will essentially form law and subsequent cases will be ruled in a similar way.
The main differentiation between common law and statutory law is the way in which the laws are created. As stated above, common law comes from precedent. Statutory law is made by the Government. It is designed to keep citizens safe as well as ensure that citizens are able to function in everyday life. If there is an issue before the court that absolutely cannot be decided by precedent or a judge's decision, the court may turn to statutory law to decide the case. When a statutory law is broken by a citizen, the Government will have a predetermined punishment that is in proportion to the nature of the crime.
There are many different types of Government agencies that are able to issue statutory law. Many times, a judge's decision will be based on a combination of statutory law and common law. This means judges will incorporate both written statutes and case precedents when issuing a ruling. It is important for both judges and attorneys to be aware of recent changes in statutory law and relevant court decisions that will affect common law.
Most of the time, the areas of contract law, tort law, and property law exist within common law, not statutory law. Although there may be some written statutes in these areas, most of the time a judge's decision will be based on precedent. Statutory law will give only a rigid, formal interpretation of the law. It does not always apply easily to all situations. This is why it is beneficial for judges to refer to prior cases, rather than legislation. Many times, a precedent will be identified and then applied to the case at hand through analogy.
A 'bill ' can be considered as an underlying phase of an Act. Bill is a proposal to make a new law. For the most part, a bill is as an archive that rundowns what is the approach behind the proposed law and what is to be the proposed law.
A Bill can be presented by the government itself or proposed by a member of the Parliament. The Bill is set in the lower house of the parliament and after discussions and debates, once it has been passed, the Bill goes to the Upper house for approval. Once the bill is passed by the upper House it is sent to the President for his consent. At long last, a bill turns into law (Act) of the land once it has been passed by the parliament and furthermore got consent from the President.
An act is a subdivision of law. An Act is a law that is made by the legislature like Parliament or State Legislative Assembly.
Acts are a type of Law that pertain to specific situations and circumstances. They are passed by the government, to let people know the rules and regulations about specific situations.
An "act" is the complete text of some legislative writing, which lays out the entirety of what the legislature has voted on and approved, it includes all of the necessary statutory which is to be adopted, changed, or repealed, but also often include language indicating the origin of the bill that was passed as well as any key findings upon which the legislature based their proposal, discussion, and/or decision on.
In legal terminology, Act is used to mean the statutes approved by the parliament. Originally, it is a bill, which when passed by both the houses through a specific procedure, turns out as an act. Act either creates a new law or make an amendment in the existing one. An act focuses on a particular subject and contains various provisions relating to it.
The ordinance are laws that are declared by the President of India on the proposal of the Union Cabinet. They must be issued when Parliament is not in session. They empower the Indian government to make quick legislative action or administrative move. Ordinance stop to work either if Parliament does not approve of them within six months of reassembly, or if objecting resolutions are passed by the two Houses. It is additionally necessary for a session of Parliament to be held within one month.