Statues
A statute is a formal
written enactment of a legislative authority that governs a state, city, or
country. Typically, statutes command or prohibit something, or declare policy. The
word is often used to distinguish law made by legislative bodies from case law,
decided by courts, and regulations issued by government agencies. Statutes are
sometimes referred to as legislation or "black letter law." As a
source of law, statutes are considered primary authority (as opposed to
secondary authority).
Ideally all statutes
must be in harmony with the fundamental law of the land (constitutional).
This word is used in
contradistinction to the common law. Statutes acquire their force from the time
of their passage, however unless otherwise provided. Statutes are of several
kinds; namely, Public or private; Declaratory or remedial; Temporary or
perpetual. A temporary statute is one which is limited in its duration at the
time of its enactment. It continues in force until the time of its limitation
has expired, unless sooner repealed. A perpetual statute is one for the
continuance of which there is no limited time, although it may not be expressly
declared to be so. If, however, a statute which did not itself contain any
limitation is to be governed by another which is temporary only, the former
will also be temporary and dependent upon the existence of the latter.
Before a statute
becomes law in some countries, it must be agreed upon by the highest executive
in the government, and finally published as part of a code. In many countries,
statutes are organized in topical arrangements (or "codified") within
publications called codes, such as the United States Code. In many nations
statutory law is distinguished from and subordinate to constitutional law.
No comments:
Post a Comment