Statute

Last updated
Statute of Grand Duchy of Lithuania, written in Polish GDL Statute.jpg
Statute of Grand Duchy of Lithuania, written in Polish

A statute is a formal written enactment of a legislative body, [1] a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. [1] Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law. [1] [2] [ better source needed ] Statutes may originate with the legislative body of a country, state or province, county, or municipality.

Contents

The word 'statute' is derived from the late Latin word 'statutum', which means 'law', 'decree'.

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 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, 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 is distinguished from and subordinate to constitutional law.

Alternative meanings

International law

The term statute is also used to refer to an International treaty that establishes an institution, such as the Statute of the European Central Bank, a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court. 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, an autonomy statute is a legal document similar to the constitution of a federated state, 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).

Types

See also

Related Research Articles

<span class="mw-page-title-main">Constitution of Spain</span> Principles, institutions and law of political governance in Spain

The Spanish Constitution is the supreme law of the Kingdom of Spain. It was enacted after its approval in a constitutional referendum; it represents the culmination of the Spanish transition to democracy.

<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 such as the president of a republic, or a monarch, according to certain procedures. It has the force of law. It is called an executive order when issued by a president of the United States.

<span class="mw-page-title-main">Law of Russia</span> Overview of the law of Russia

The primary and fundamental statement of laws in the Russian Federation is the Constitution of the Russian Federation. Statutes, like the Russian Civil Code and the Russian Criminal Code, are the predominant legal source of Russian laws.

In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions, as well as the United States and the Philippines, primary legislation has both a short title and a long title.

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 meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the judge. To find the meanings of statutes, judges use various tools and methods of statutory interpretation, including traditional canons of statutory interpretation, legislative history, and purpose. In common law jurisdictions, the judiciary may apply rules of statutory interpretation both to legislation enacted by the legislature and to delegated legislation such as administrative agency regulations.

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.

The Law of Spain is the legislation in force in the Kingdom of Spain, which is understood to mean Spanish territory, Spanish waters, consulates and embassies, and ships flying the Spanish flag in democratically elected institutions.

<span class="mw-page-title-main">Supreme Court of Justice of Costa Rica</span>

The Supreme Court of Costa Rica is the court of greater hierarchy of Law and Justice in Costa Rica.

An Organic Law in Spanish law are laws related to fundamental rights and freedoms and important institutional areas as defined by the Constitution. Organic Laws must be passed by an absolute majority of the Congress of Deputies. In legal terms, organic laws are conceptually considered part of the constitution.

Legal interpretation in South Africa refers to the juridical understanding of South African legislation and case law, and the rules and principles used to construct its meaning for judicial purposes. Broadly speaking there are three means by which and through which South African scholars and jurists construe their country's statutory law: linguistics or semantics, common law and jurisprudence. Although statutory interpretation usually involves a personal predisposition to the text, the goal is generally to "concretise" it: to harmonise text and purpose. This is the final step in the interpretative process. Statutory interpretation is broadly teleological, comprising as it does first the evaluation and then the application of enacted law.

The law of Colorado consists of several levels, including constitutional, statutory, regulatory, local, and case law. The Colorado Revised Statutes form the general statutory law.

The law of Virginia consists of several levels of legal rules, including constitutional, statutory, regulatory, case law, and local laws. The Code of Virginia contains the codified legislation that define the general statutory laws for the Commonwealth.

The law of Pennsylvania consists of several levels, including constitutional, statutory, regulatory and case law. The Pennsylvania Consolidated Statutes form the general statutory law.

The law of the U.S. state of Georgia consists of several levels, including constitutional, statutory, and regulatory law, as well as case law and local law. The Official Code of Georgia Annotated forms the general statutory law.

The law of Mexico is based upon the Constitution of Mexico and follows the civil law tradition.

<span class="mw-page-title-main">Law of Michigan</span>

The law of Michigan consists of several levels, including constitutional, statutory, regulatory and case law. The Michigan Compiled Laws form the general statutory law.

The law of Washington consists of several levels, including constitutional, statutory, regulatory and case law, as well as local ordinances. The Revised Code of Washington forms the general statutory law.

<span class="mw-page-title-main">High courts of justice (Spain)</span>

The superior courts of justice, or high courts of justice, are courts within the judicial system of Spain, whose territorial scope covers an autonomous community, as laid down in the Organic Law of Judicial Power.

Scandinavian law, also known as Nordic law, is the law of the five Nordic countries, namely Denmark, Finland, Iceland, Norway and Sweden. It is generally regarded as a subgroup of civil law or as an individual legal body in itself. Prior to the 19th century, the European countries were independent in their administering and legality. However, in 1872, the Nordic countries organised legislative cooperation. Especially in areas of contracts and commerce, as well as those concerned with family, nationality and extradition, the five states have obtained uniform legislation.

<span class="mw-page-title-main">Day of the Canary Islands</span> Annual 30 May celebration

The Day of the Canary Islands is celebrated annually on 30 May. It is a public holiday in the Spanish autonomous community of the Canary Islands.

References

  1. 1 2 3 Black, Henry Campbell (1990). Black's Law Dictionary, Sixth Edition. West Publishing. pp.  1410. ISBN   0-314-76271-X.
  2. "Common law - The modernization of common law in Great Britain". Encyclopedia Britannica. Retrieved 2019-02-01.