Lawmaking

Last updated

Lawmaking is the process of crafting legislation. [1] In its purest sense, it is the basis of governance.

Lawmaking in modern democracies is the work of legislatures, which exist at the local, regional, and national levels and make such laws as are appropriate to their level, and binding over those under their jurisdictions. These bodies are influenced by lobbyists, pressure groups, sometimes partisan considerations, but ultimately by the voters who elected them and to which they are responsible, if the system is working as intended. Even the expenditure of governmental funds is an aspect of lawmaking, as in most jurisdictions the budget is a matter of law.

In dictatorships and absolute monarchies the leader can make law essentially by the stroke of a pen, one of the main objections to such an arrangement. However, a seemingly-analogous event can occur even in a democracy where the executive can make executive orders which have the force of law. In some instance, even regulations issued by executive departments can have the force of law. Libertarians, in particular, are known for denouncing such actions as being anti-democratic, but they have become such a salient feature of modern governance that it is hard to picture a system in which they no longer exist, because it is hard to picture the time involved in every regulation being debated prior to becoming law. That, say libertarians, is precisely the point: if such executive orders and regulations do not stand up to legislative scrutiny, they should never be implemented. In response to this, limits on regulatory authority have been made legislatively, and libertarians still contend for, if not the abolition of executive orders altogether, then their automatic sunset after a fixed period if not legislatively reviewed and confirmed; this policy has been adopted in some jurisdictions.

Related Research Articles

<span class="mw-page-title-main">Constitutional law</span> An area of law that deals with interpretation and implementation of the Constitution

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 federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.

Jurisdiction is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels.

<span class="mw-page-title-main">Sovereignty</span> Supreme authority within a territory

Sovereignty can generally be defined as supreme authority. Sovereignty entails hierarchy within a state as well as external autonomy for states. In any state, sovereignty is assigned to the person, body or institution that has the ultimate authority over other people and to change existing laws. In political theory, sovereignty is a substantive term designating supreme legitimate authority over some polity. In international law, sovereignty is the exercise of power by a state. De jure sovereignty refers to the legal right to do so; de facto sovereignty refers to the factual ability to do so. This can become an issue of special concern upon the failure of the usual expectation that de jure and de facto sovereignty exist at the place and time of concern, and reside within the same organization.

Decentralization or decentralisation is the process by which the activities of an organization, particularly those regarding planning and decision-making, are distributed or delegated away from a central, authoritative location or group and given to smaller factions within it.

A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland that is commonly translated to English as sheriff.

<span class="mw-page-title-main">Direct democracy</span> Form of democracy

Direct democracy or pure democracy is a form of democracy in which the electorate decides on policy initiatives without elected representatives as proxies. This differs from the majority of currently established democracies, which are representative democracies. The theory and practice of direct democracy and participation as its common characteristic was the core of work of many theorists, philosophers, politicians, and social critics, among whom the most important are Jean Jacques Rousseau, John Stuart Mill, and G.D.H. Cole.

Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example:

<span class="mw-page-title-main">Decree</span> Edict or proclamation usually issued by a head of state

A decree is a legal proclamation, usually issued by a head of state, judge, royal figure, or other relevant authorities, according to certain procedures. These procedures are usually defined by the constitution, Legislative laws, or customary laws of a government.

Subsidiarity is a principle of social organization that holds that social and political issues should be dealt with at the most immediate or local level that is consistent with their resolution. The Oxford English Dictionary defines subsidiarity as "the principle that a central authority should have a subsidiary function, performing only those tasks which cannot be performed at a more local level". The concept is applicable in the fields of government, political science, neuropsychology, cybernetics, management and in military command. The OED adds that the term "subsidiarity" in English follows the early German usage of "Subsidiarität". More distantly, it is derived from the Latin verb subsidio, and the related noun subsidium.

An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted power than the lower house. A legislature composed of only one house is described as unicameral.

<span class="mw-page-title-main">Separation of powers under the United States Constitution</span>

Separation of powers is a political doctrine originating in the writings of Charles de Secondat, Baron de Montesquieu in The Spirit of the Laws, in which he argued for a constitutional government with three separate branches, each of which would have defined abilities to check the powers of the others. This philosophy heavily influenced the drafting of the United States Constitution, according to which the Legislative, Executive, and Judicial branches of the United States government are kept distinct in order to prevent abuse of power. The American form of separation of powers is associated with a system of checks and balances.

<span class="mw-page-title-main">Liberty</span> Creation and experience of societal freedom

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can have different meanings depending on context. In the Constitutional law of the United States, Ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference and access to opportunities and resources to pursue their goals, all within a fair legal system.

The Law of the People's Republic of China, officially referred to as the socialist legal system with Chinese characteristics, is the legal regime of China, with the separate legal traditions and systems of mainland China, Hong Kong, and Macau.

In law, coming into force or entry into force is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment.

<span class="mw-page-title-main">Government of Himachal Pradesh</span> Indian State Government

The Government of Himachal Pradesh also known as the State Government of Himachal Pradesh, or locally as State Government, is the supreme governing authority of the Indian state of Himachal Pradesh. It consists of an executive branch, led by the Governor of Himachal Pradesh, a judiciary and a legislative branch.

<span class="mw-page-title-main">Private police</span> Law enforcement bodies owned and/or controlled by non-governmental entities

Private police or special police are types of law enforcement agencies owned and/or controlled by non-government entities. Additionally, the term can refer to an off-duty police officer while working for a private entity, providing security, or otherwise performing law enforcement-related services; officers engaging in private police work have the power to enforce the law, however, terminology and authority vary by jurisdiction.

Legal research is the process of identifying and retrieving information to support legal arguments and decisions. Finding relevant legal information can be challenging and may involve the use of electronic research tools as well as printed books and materials. However, many resources that are useful for legal research are fee-based, and many are not easily accessible.

In many countries, a statutory instrument is a form of delegated legislation.

Types of democracy refers to the various governance structures that embody the principles of democracy in some way. Democracy is frequently applied to governments, but may also be applied to other constructs like workplaces, families, community associations, and so forth.

<span class="mw-page-title-main">Politics of France</span>

The politics of France take place with the framework of a semi-presidential system determined by the French Constitution of the French Fifth Republic. The nation declares itself to be an "indivisible, secular, democratic, and social Republic". The constitution provides for a separation of powers and proclaims France's "attachment to the Rights of Man and the principles of National Sovereignty as defined by the Declaration of 1789".

References

  1. "Lawmaking definition and meaning | Collins English Dictionary". www.collinsdictionary.com. Retrieved 2018-04-24.