Statutory law or statute law is
written law
The Torah (; hbo, ''Tōrā'', "Instruction", "Teaching" or "Law") is the compilation of the first five books of the Hebrew Bible, namely the books of Genesis, Exodus, Leviticus, Numbers and Deuteronomy. In that sense, Torah means the sa ...
passed by a body of
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 ...
. This is opposed to
oral
The word oral may refer to:
Relating to the mouth
* Relating to the mouth, the first portion of the alimentary canal that primarily receives food and liquid
**Oral administration of medicines
** Oral examination (also known as an oral exam or or ...
or
customary law; or
regulatory law
Regulatory law refers to secondary legislation, including regulations, promulgated by an executive branch agency under a delegation from a legislature. It contrasts with statutory law promulgated by the legislative branch, and common law or case l ...
promulgated by the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
or
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
of the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
.
Statutes may originate with national, state legislatures or local
municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
.
Codified law
The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the
United States Code, the
Ohio Revised Code
The ''Ohio Revised Code'' contains all current statutes of the Ohio General Assembly of a permanent and general nature, consolidated into provisions, titles, chapters and sections. However, the only official publication of the enactments of the Ge ...
or the
Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the provisions of the law that have not reached their "effective date" (remaining uncodified) would be available by reference to the
United States Statutes at Large
The ''United States Statutes at Large'', commonly referred to as the ''Statutes at Large'' and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolut ...
. Another meaning of "codified law" is a statute that takes the
common law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...
in a certain area of the law and puts it in statute or code form.
Private law (particular law)
Another example of statutes that are not typically codified is a "private law" that may originate as a
private bill
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. This is unlike a private bill which is a proposal for a law affecting only a single ...
, a law affecting only one person or a small group of persons. An example was
divorce
Divorce (also known as dissolution of marriage) is the process of terminating a marriage or marital union. Divorce usually entails the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the ...
in
Canada
Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, covering over , making it the world's second-largest country by tot ...
prior to the passage of the
Divorce Act of 1968. If unavailable by administrative or judicial means, it was possible to obtain a legislative divorce by application to the
Senate of Canada, which reviewed and investigated
petition
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.
In the colloquial sense, a petition is a document addressed to some offi ...
s for divorce, which would then be voted upon by the Senate and subsequently made into law.
In the
United Kingdom Parliament
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremac ...
, private bills were used in the nineteenth century to create
corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and ...
s, grant
monopolies
A monopoly (from Greek el, μόνος, mónos, single, alone, label=none and el, πωλεῖν, pōleîn, to sell, label=none), as described by Irving Fisher, is a market with the "absence of competition", creating a situation where a speci ...
and give individuals attention to be more fully considered by the parliament. They are still used in relation to large infrastructure projects, such as HS2, where law is being created primarily to give effect to rights and powers being exercised by a private (even if largely state owned) entity.
In practice modern private bills are mixed and have both private and public aspects. In such cases the proposed legislation is called a
hybrid bill
In the United Kingdom a hybrid bill (which becomes a hybrid instrument or Hybrid Act) is a government measure which affects a particular individual or organisation in a different manner to other individuals or companies in the same class; it thus b ...
.
Private Members Bills
In the UK, and other jurisdictions that derive their parliamentary systems from the UK model, individual
backbencher members of parliament may introduce a bill themselves through a range of mechanisms. These are not official government bills and are called
private member's bills. Such bills may also be introduced by the
loyal opposition
Loyal opposition in terms of politics, refers to specific political concepts that are related to the opposition parties of a particular political system. In many Westminster-style parliamentary systems of government, the loyal opposition indicate ...
— members of the opposition party or parties. A private member's bill is not a private bill and the two should not be confused. A private member's bill is usually a public bill in that it is intended to have general effect. However, very few such bills go on to become law.
See also
*
Legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
*
Legislative intent
In law, the legislative intent of the legislature in enacting legislation may sometimes be considered by the judiciary to interpret the law (see judicial interpretation). The judiciary may attempt to assess legislative intent where legislation ...
*
Plain meaning rule
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. The other two are the " mischief rule" and the " golden rule".
The plain meaning rule dictates that ...
*
Statutory interpretation
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meani ...
*
Strict constructionism
In the United States, strict constructionism is a particular legal philosophy of judicial interpretation that limits or restricts such interpretation only to the exact wording of the law (namely the Constitution).
Strict sense of the term
...
*
Textualism
Textualism is a formalist theory in which the interpretation of the law is primarily based on the ordinary meaning of the legal text, where no consideration is given to non-textual sources, such as intention of the law when passed, th ...
References
External links
*
Parliamentary Fact SheetsUnited Kingdom
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