Legislation

1. Etymology and Definition

• Origin: Derived from two Latin words: Legis (meaning law) and Latum/Lation (meaning to make, put, or set).
• Definition: Legislation means the formal making or setting of law by a competent forum.
• The Mother Law: Constitutional Law is considered the "mother law" of the land. All other laws are subordinate to it and must comply with it.
• Public Law Division: According to Salmond, Public Law is divided into two types: Constitutional Law and Administrative Law.

2. Kinds of Legislation

There are two primary types of legislation:

A. Supreme Legislation

Proceeds directly from the sovereign power of the state. It is incapable of being repealed or overridden by any other legislative authority.

B. Subordinate Legislation

Proceeds from any authority other than the sovereign power and depends on a superior authority for its validity. According to Salmond, there are five kinds of subordinate legislation (Colonial, Executive, Judicial, Municipal, and Autonomous).

• Chief Forms: Colonial, Executive, and Judicial (Natural is not a form of subordinate legislation).
• Delegated Legislation: A type of subordinate legislation where Parliament or Senate delegates law-making power to executive bodies. It is law not directly passed by an Act of Parliament or Senate.
• Autonomous Legislation: Empowers autonomous bodies (like universities or corporations) to make rules for internal conduct.