![GDL Statute](https://upload.wikimedia.org/wikipedia/commons/7/70/GDL_Statute.jpg)
A statute is a formal written enactment of a
legislative
A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.
Laws enacted by legislatures are usually known ...
authority that governs the legal entities of a
city
A city is a human settlement of notable size.Goodall, B. (1987) ''The Penguin Dictionary of Human Geography''. London: Penguin.Kuper, A. and Kuper, J., eds (1996) ''The Social Science Encyclopedia''. 2nd edition. London: Routledge. It can be def ...
,
state
State may refer to:
Arts, entertainment, and media Literature
* ''State Magazine'', a monthly magazine published by the U.S. Department of State
* ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, United States
* ''Our S ...
, or
country
A country is a distinct part of the world, such as a state, nation, or other political entity. It may be a sovereign state or make up one part of a larger state. For example, the country of Japan is an independent, sovereign state, while ...
by way of
consent
Consent occurs when one person voluntarily agrees to the proposal or desires of another. It is a term of common speech, with specific definitions as used in such fields as the law, medicine, research, and sexual relationships. Consent as und ...
.
Typically, statutes command or prohibit something, or declare
policy
Policy is a deliberate system of guidelines to guide decisions and achieve rational outcomes. A policy is a statement of intent and is implemented as a procedure or protocol. Policies are generally adopted by a governance body within an orga ...
.
[ Statutes are rules made by legislative bodies; they are distinguished from case law or ]precedent
A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
, which is decided by court
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in acco ...
s, and regulations issued by government agencies
A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an administratio ...
.[
]
Publication and organization
In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette
A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establis ...
which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment.
A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications have a habit of starting small but growing rapidly over time, as new statutes are enacted in response to the exigencies of the moment. Eventually, persons trying to find the law are forced to sort through an enormous number of statutes enacted at various points in time to determine which portions are still in effect.
The solution adopted in many countries is to organize existing statutory law in topical arrangements (or "codified") within publications called codes
In communications and information processing, code is a system of rules to convert information—such as a letter, word, sound, image, or gesture—into another form, sometimes shortened or secret, for communication through a communication ...
, then ensure that new statutes are consistently drafted so that they add, amend, repeal or move various code sections. In turn, in theory, the code will thenceforth reflect the current cumulative state of the statutory law in that jurisdiction. In many nations statutory law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, stat ...
is distinguished from and subordinate to constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
.
Alternative meanings
International law
The term statute is also used to refer to an International treaty
A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pe ...
that establishes an institution, such as the Statute of the European Central Bank
The European Central Bank (ECB) is the prime component of the monetary Eurosystem and the European System of Central Banks (ESCB) as well as one of seven institutions of the European Union. It is one of the world's most important centr ...
, a protocol to the international courts as well, such as the Statute of the International Court of Justice
The International Court of Justice (ICJ; french: Cour internationale de justice, links=no; ), sometimes known as the World Court, is one of the six principal organs of the United Nations (UN). It settles disputes between states in accordanc ...
and the Rome Statute of the International Criminal Court
The International Criminal Court (ICC or ICCt) is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals f ...
. Statute is also another word for law. The term was adapted from England in about the 18th century.
Autonomy statute
In the autonomous communities of Spain
eu, autonomia erkidegoa
ca, comunitat autònoma
gl, comunidade autónoma
oc, comunautat autonòma
an, comunidat autonoma
ast, comunidá autónoma
, alt_name =
, map =
, category = Autonomous administr ...
, an autonomy statute is a legal document similar to the constitution of a federated state
A federated state (which may also be referred to as a state, a province, a region, a canton, a land, a governorate, an oblast, an emirate or a country) is a territorial and constitutional community forming part of a federation. Such states d ...
, save that it is enacted by the national legislature, rather than the autonomous community it governs. The autonomy statutes in Spain have the rank of ''ley orgánica'' (organic law), a category of special legislation reserved only for the main institutions and issues and mentioned in the constitution (the highest ranking legal instrument in Spain). ''Leyes orgánicas'' rank between the constitution and ordinary laws. The name was chosen, among others, to avoid confusion with the term ''constitution'' (i.e. the Spanish constitution of 1978).
Religious statutes
Biblical terminology
In biblical terminology, statute (Hebrew ''choq'') refers to a law given without any reason or justification. The classic example is the statute regarding the Red Heifer.(Numbers 19:2)
The opposite of a chok is a ''mishpat'', a law given for a specified reason, e.g. the Sabbath laws, which were given because "God created the world in six days, but on the seventh day He rested" (Genesis
Genesis may refer to:
Bible
* Book of Genesis, the first book of the biblical scriptures of both Judaism and Christianity, describing the creation of the Earth and of mankind
* Genesis creation narrative, the first several chapters of the Book of ...
2:2–3).
Dharma
''That which upholds, supports or maintains the regulatory order of the universe'' meaning the ''Law'' or ''Natural Law''. This is a concept of central importance in Indian philosophy
Indian philosophy refers to philosophical traditions of the Indian subcontinent. A traditional Hindu classification divides āstika and nāstika schools of philosophy, depending on one of three alternate criteria: whether it believes the Veda ...
and religion
Religion is usually defined as a social- cultural system of designated behaviors and practices, morals, beliefs, worldviews, texts, sanctified places, prophecies, ethics, or organizations, that generally relates humanity to supernatural, ...
.
See also
*Constitution
A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of Legal entity, entity and commonly determine how that entity is to be governed.
When ...
*Legislation
Legislation is the process or result of enrolled bill, enrolling, enactment of a bill, enacting, or promulgation, promulgating laws by a legislature, parliament, or analogous Government, governing body. Before an item of legislation becomes law i ...
*Legislature
A legislature is an assembly with the authority to make law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...
*Organic statute
An organic law is a law, or system of laws, that form the foundation of a government, corporation or any other organization's body of rules. A constitution is a particular form of organic law for a sovereign state.
By country France
Under Article ...
*Statutory law
Statutory law or statute law is written law passed by a body of legislature. This is opposed to oral or customary law; or regulatory law promulgated by the executive or common law of the judiciary. Statutes may originate with national, state legi ...
*Super statute The term ''super statute'' was applied in 2001 by William Eskridge and John Ferejohn to characterize an ordinary statute whose effort "to establish a new normative or institutional framework ... 'stick in the public culture" and has "a broad eff ...
References
External links
{{Authority control
Legal research
Sources of law
Statutory law
no:Statutt