The term ‘legislation’ is derived from two Latin words ‘legis’ and ‘latum’. Legis means Law abd Latum means make, put or set. So legislation means making of law. In a ward legislation is the power and process of making laws. It is one of the main sources of law.
According to Prof. Salmond, ‘Legislation is that source of law which consists in the declaration of legal rules by a competent authority’.
According to Gray, ‘Legislation means the formal utterances of the legislative organs of the society’.
According to Johan Austin, ‘There can be no law without a legislative act’.
According to V. D. Mahajan, Legislation consists in the declaration of legal rules by a competent authority, conferring upon such rules the force of law’.
According to Prof Holland, ‘The making of general orders by our judges is as true legislation as is created on by the Crown. Again, in legislation, both the contents of the rule are devised, and legal force is given to it by acts of the sovereign power which produce written law’.
Classification of Legislation:
According to Prof. Salmond –
1. Supreme Legislation
Supreme legislation is that which proceeds from the sovereign power of the state. Actually it is a legislation made by the parliament itself. It cannot be repealed or amended by any other authority.
2. Subordinate Legislation
Subordinate legislation is that which proceeds from any authority other than the sovereign power of the state. Actually it is a legislation made by any authority except the parliament but under authority of parliament. It can be repealed or amended by the parliament. Subordinate legislation may be five kinds –
A. Colonial Legislation
B. Judicial legislation
C. Municipal Legislation
D. Autonomous Legislation
E. Delegated Legislation
A. Colonial Legislation
Colonial legislation is the legislation made by any colony of any state. Sometime the Parliament of a state delegates its law making powers to any colony of it.
B. Judicial legislation
Judicial legislation is the legislation made by the Judiciary. In certain cases, legislative power has also be given to the judiciary. The superior courts are allowed to make rules for the regulation of their own procedure.
C. Municipal Legislation
Municipal legislation is the legislation made by the municipality, city-corporation or local authority. Sometime the Parliament delegates its law making powers to any such authority.
D. Autonomous Legislation
Autonomous legislation is the legislation made by the any Autonomous body. Sometime the Parliament delegates its law making powers to any such authority such as the University.
E. Delegated Legislation
Delegated legislation is the legislation made by the Executive authority. Sometime the Parliament delegates its law making powers to any such authority.
Legislation under the Constitution of Bangladesh
Article 65. Establishment of Parliament
(1) There shall be a Parliament for Bangladesh (to be known as the House of the Nation) in which subject to the provisions of this Constitution, shall be vested the legislative powers of the Republic:
Provided that nothing in this clause shall prevent Parliament from delegating to any person or authority, by Act of Parliament, power to make orders, rules, regulations, bye-laws or other instruments having legislative effect.
Article 80. Legislative procedure
(1) Every proposal in Parliament for making law shall be made in the form of a Bill.
(2) When a Bill is passed by Parliament it shall be presented to the President for assent.
(3) The President, within fifteen days after a Bill is presented to him shall assent to the Bill or, in the case of a Bill other than a money Bill may return it to parliament with a message requesting that the Bill or any particular provisions thereof by reconsidered, and that any amendments specified by him in the message be considered; and if he fails so to do he shall be deemed to have assented to the Bill at the expiration of that period.
(4) If the President so returns the Bill Parliament shall consider it together with the President’s message, and if the Bill is again passed by Parliament with or without amendments by the votes of a majority of the total number of members of Parliament, it shall be presented to the President for his assent, whereupon the President shall assent to the Bill within the period of seven days after it has been presented to him, and if he fails to do so he shall be deemed to have assented to the Bill on the expiration of that period.
(5) When the President has assented or is deemed to have assented to a Bill passed by Parliament it shall become law and shall be called an Act of Parliament.
