Common Law

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  • Topic: Common law, Law, Legal systems of the world
  • Pages : 4 (1351 words )
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  • Published : October 2, 2011
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Question A- states the similarities and differences between legislation and subsidiary legislation.

What is legislation? Legislation knows as statutory law which is has been enacted or promulgated by any kind of governing body or even parliament. It refers to a single law or even a group body of enacted law. In the history, it is called as “bill” which is more often than not projected by a member of the legislature. Examples of legislation are Statutes or Acts of Parliament, Ordinance and Enactments. And the best example of legislation that congress the passed is Civil Rights Act of 1964 and Voting Rights Act of 1965

Meanwhile, what is subsidiary legislation? A subsidiary legislation is any proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect. It is enacted by persons or bodies to whom the power to make the subsidiary legislation is delegated. Such persons or bodies may include the Yang di-Pertuan Agong, ministers, and local government authorities. Examples of subsidiary legislation are Rules and Regulations and By-laws.

In other words, legislation may be defined as law legislated by Parliament at federal level and by the various State legislative Assemblies at state level. On the other hand, the Interpretation Act 1967 defines subsidiary legislation as any ‘proclamation, rule, regulation, order, notification, by-law or other instrument made under any Ordinance, Enactment or other lawful authority and having legislative effect.

So what are the differences and similarities between legislation and subsidiary legislation?

Legislation are laws enacted by Parliament and State Assemblies whilst subsidiary legislation are laws made by persons or bodies under powers conferred on them by Acts of Parliament or State Assemblies. Legislation is important as it is law enacted by the legislature whilst subsidiary legislation deals with the...
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