As discussed earlier, 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
The legislation is enacted by the sovereign power 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 It remains unaffected by any other legislative authority and cannot be repealed or annulled.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 often termed delegated legislation. This legislation includes laws established by a governing authority apart from the Supreme Legislator. The Supreme Legislator confers the authority to formulate delegated law to the Subordinate Legislator, who must function within the parameters set 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, sometimes referred to as Codes, Orders, Regulations, and Rules). There are generally five categories of subordinate legislation. Here are the following:
Colonial Legislation
The colonized nations enact legislation to regulate their citizens. These nations are administered by a distinct state and lack the authority to legislate independently. The legislation implemented by these nations is regulated by the directives set out by the governing authority. The British Parliament possessed supreme legislative power over the colonies, while also permitting them self-governance. Nevertheless, the laws enacted by them were liable to annulment or revision by the British Parliament.
Executive Legislation
The executive’s function is to implement the legislation passed by Parliament. Furthermore, the executive is endowed with subordinate legislative authority to formulate regulations that strengthen 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 possesses specific delegated authority to formulate regulations for its own objectives. The superior courts has the competence to formulate norms for the administration of their proceedings. This differs from the legislative process of enacting legislation by precedent. The Lahore High Court Rules govern the functions of the Lahore High Court.
Municipal Legislation
Municipal authorities are tasked with enacting regulations pertinent to the districts they govern. These entities establish bylaws [1] and such legislation is termed municipal. They address a diverse range of topics. Including urban planning initiatives, traffic management, sanitation, infrastructure, and similar aspects.
Autonomous Legislation
Private institutions may be granted the authority to establish their own regulations for operation. These institutions include various organizations, such as universities, the Railway Company, the Bar Council of Pakistan, the University Grants Commission, among others. They have the authority to establish and implement bylaws that hold legal weight and are enforced by the courts.
Conditional Legislation
Conditional legislation is often termed contingent legislation. This act empowers the administrative authorities to regulate the time and implementation of laws, while incorporating particular provisions. 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 form of delegation emerges when an administrative authority, endowed with legislative powers by Parliament, then transmits these functions to a subordinate authority. This is permissible only if the Parent Act has provisions for such 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.
