Social Legislation
The common understanding of “legislation” refers to the process of creating a law. The term is derived from two words, “legis” and “latum.” Legis means law and latum means making.
Legislation can be understood as the enactment of laws by an authorized entity. It is created by the legislature in anticipation to meet the needs of society. The legislation encompasses laws derived from various sources, such as precedents, customs, and conventional laws. The law-making body is commonly referred to as the legislature. So, what is social legislation?
“Social Legislation is a legal response to social problems while maintaining social values.”
What is Legislation?
Legislation means the declaration of legal rules from a competent authority. Such authority is called “Legislation” and its members are “Legislature”.
Division of Legislation
Legislation can have a broad or limited interpretation. In its broadest sense, it encompasses all the methods of lawmaking. In its narrow sense, it encompasses laws created by the sovereign or subordinate legislator. Now, let’s examine both of them closely.
Wide Sense of Legislation
As mentioned earlier, it encompasses all forms of legislation.
Addition or Alteration
Legislative actions passed by the Parliament that contribute to the current laws or modify them.
Precedent Set by Court
While judges pronounce judgement, they apply certain principles to arrive at their decision. This decision then sets a precedent to guide the courts in future cases. This can also be seen as a method of lawmaking. As an illustration, the Court’s ruling on the necessity of NOC for contract-based employees is determined by the Doctrine of Basic Structure. This implied that no legislation passed by Parliament had the power to modify the fundamental framework of the Constitution.
Every Other Expression of the Will of the Legislature
Every expression of the legislature, whether directed to making rules or not, such as Acts that ratify a treaty, declare war, etc falls within the wide sense of legislation.
Customs
[1] Rituals and past practices can also be included in this broad sense. These laws are typically not formally documented.
Narrow Sense of Legislation
Legislation is commonly regarded as a fundamental source of law. Here are some examples:
Legal Rules
Establishing legal regulations by the governing authority or a subordinate legislative body through laws or regulations.
Enacted law
[2] Statute law made by the Parliament or the State Legislature. It does not include delegated legislation. Mr. Blackstone coined the terms “written and unwritten law” to establish a clear differentiation.
Conclusion
What is social legislation? It is not just a bunch of old law books that make up social policy; it’s the unseen hand that shapes our society. The law system is what solves society problems, makes things fair, and gives people power. Social law shows our shared values and goals. It makes sure that people have access to basic needs like food and housing and protects weaker groups like children and the old. It is a force that is always changing to meet the needs of society as it changes. Understanding social laws gives us the tools to be well-informed citizens, fight for change, and help make the world more fair and just.
[1] Ritual: It can be defined as the prescribed order or a religious ceremony. It is a set of actions performed mainly for symbolic values that are prescribed by a religion or by the tradition of the community.
[2] Statue: An act of the legislature of a state or country, declaring, commanding, or prohibiting something.
