Legislation can be categorized into various types depending on how it is interpreted and its purpose. Salmond stated that legislation can be either supreme or subordinate. There are different types of division when it comes to authority, such as Supreme and Subordinate legislation.
Supreme Legislation
This type of legislation is created by the sovereign authority of the State. It remains unaffected by any other legislative authority and cannot be repealed or annulled. It is commonly referred to as Primary legislation, which consists of Acts of Parliament or Statutes. Take Pakistan and India as an example, where the Parliament holds the highest legislative authority.
Subordinate Legislation
It is commonly referred to as delegated legislation. This type of legislation encompasses laws enacted by a different governing body than the Supreme Legislator. The authority to create delegated legislation is granted by the Supreme Legislator to the Subordinate Legislator, who must operate within the boundaries established by the former. It has the potential to be changed or revoked by the sovereign authority. It’s worth mentioning that the Constitution does not explicitly allow Parliament to delegate its powers, but it also doesn’t explicitly prohibit it. It is commonly referred to as Secondary legislation – Statutory Instruments (SIs, which are often known as Codes, Orders, Regulations, and Rules). There are typically five types of subordinate legislation. Here are the following:
Colonial Legislation
The countries that are colonized establish laws to govern their population. These countries are governed by a separate state and lack the ultimate power to enact legislation. The laws enacted by these countries are governed by the guidelines established by the state in control. As an illustration, the British Parliament held ultimate legislative authority while governing colonies and granting them the ability to govern themselves. However, the laws created by them were subject to potential annulment or modification by the British Parliament.
Executive Legislation
The role of the executive is to carry out the legislation enacted by Parliament. In addition, the executive is also granted subordinate legislative powers to establish rules that complement the supreme legislation. The executive is granted such powers to ensure the optimal implementation of the supreme law. Having a certain level of independence is necessary when responsibilities are assigned. Such as, the actions carried out by the defense ministry.
Judicial Legislation
The judiciary also has certain delegated powers to establish rules for their own purposes. The superior courts have the authority to establish regulations for the management of their own proceedings. This contrasts with the legislative action of establishing laws through precedent. As an illustration, the Lahore High Court Rules dictate the operations of the Lahore High Court.
Municipal Legislation
Municipal bodies have the responsibility of establishing laws that are specific to the districts under their control. These bodies create bylaws [1] and similar legislation is referred to as municipal. They handle a wide variety of subjects. Such as town planning schemes, traffic, cleanliness, buildings, and so on.
Autonomous Legislation
Private institutions may be granted the authority to establish their own regulations for operation. These institutions encompass a wide range of organizations, such as universities, the Railway Company, the Bar Council of Pakistan, the University Grants Commission, and more. They have the authority to establish and implement bylaws that hold legal weight and are enforced by the courts.
Conditional Legislation
Among all the types of legislation, conditional legislation is sometimes referred to as contingent legislation. In this type of legislation, a statute grants powers to the administrative authority to determine the timing and application of laws, while also including certain specifications. These specifiers represent certain conditions that, once met, result in the activation of the delegated authority’s powers. Therefore, the authority has the power to assess whether these conditions have been met or not, based on its own discretion. Take, for instance, the powers granted to the Presiding Officer at the polling station during an election.
Sub-delegated Legislation
This type of delegation occurs when an administrative authority, granted legislative powers by Parliament, further delegates these powers to a subordinate authority. This is only allowed if the Parent Act includes provisions that allow for this type of delegation. According to The Maxim, it is not allowed to delegate powers, although the legislature can always make provisions for it.
Final Thoughts on Types of Legislation
All the types of legislation has a specific job to do, from crime rules that keep people safe to environmental laws that keep our world safe. Knowing about these different kinds helps us understand how complicated the laws are that control our lives. It gives us the power to be well-informed people who know which rules protect our rights and which ones control certain parts of our society. Remember that laws are living things that are always changing to adapt to a world that is changing.
[1] A regulation made by a local authority to control the actions of its people.
