Statute
Encyclopedia
A statute is a formal written enactment of a legislative authority that governs a state
, city
, or county
. 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 unless otherwise provided. Statutes are of several kinds; namely, Public or private. Declaratory or remedial. Temporary or perpetual. 1. 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 It continues in force until the time of its limitation has expired, unless sooner repealed.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 be not 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
.
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.
.
The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath
laws, which were given because "God created the world in six days, but on the seventh day He rested". (Genesis 2:2-3)
, the autonomy statute is a legal document similar in all but name to a state constitution in a federated state. The name was chosen because federalism was a taboo subject when the Constitution of 1978
was approved.
State (polity)
A state is an organized political community, living under a government. States may be sovereign and may enjoy a monopoly on the legal initiation of force and are not dependent on, or subject to any other power or state. Many states are federated states which participate in a federal union...
, city
City
A city is a relatively large and permanent settlement. Although there is no agreement on how a city is distinguished from a town within general English language meanings, many cities have a particular administrative, legal, or historical status based on local law.For example, in the U.S...
, or county
County
A county is a jurisdiction of local government in certain modern nations. Historically in mainland Europe, the original French term, comté, and its equivalents in other languages denoted a jurisdiction under the sovereignty of a count A county is a jurisdiction of local government in certain...
. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
made by legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
bodies from case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
, decided by courts, and regulations issued by government agencies. Statutes are sometimes referred to as legislation
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
or "black letter law
Black letter law
The black letter law refers to the basic standard elements for a particular field of law, which are generally known and free from doubt or dispute...
". As a source of law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, statutes are considered primary authority
Primary authority
A primary authority is a document that establishes the law on a particular issue, such as a case decision or legislative act. The search for applicable primary authority is an important part of the process of legal research....
(as opposed to secondary authority
Secondary authority
In law, a secondary authority is an authority purporting to explain the meaning or applicability of the actual verbatim texts of primary authorities .Some secondary authority materials are written and published by governments to explain the laws in simple,...
).
Ideally all statutes must be in harmony with the fundamental law
Fundamental law
Fundamental law may refer to:* Organic law, in particular,** Constitution, in particular,*** The Russian Constitution of 1906.*** The German Grundgesetz ....
of the land (constitutional).
This word is used in contradistinction to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Statutes acquire their force from the time of their passage unless otherwise provided. Statutes are of several kinds; namely, Public or private. Declaratory or remedial. Temporary or perpetual. 1. 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 be not 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
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
in some countries, it must be agreed upon by the highest executive in the government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, and finally published as part of a code
Code (law)
A code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in common law and civil law...
. In many countries, statutes are organized in topical arrangements (or "codified") within publications called codes
Code (law)
A code is a type of legislation that purports to exhaustively cover a complete system of laws or a particular area of law as it existed at the time the code was enacted, by a process of codification. Though the process and motivations for codification are similar in common law and civil law...
, such as the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
. In many nations statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
is distinguished from and subordinate to constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
.
International law
The term statute is also used to refer to an International treatyTreaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
that establishes an institution
Institution
An institution is any structure or mechanism of social order and cooperation governing the behavior of a set of individuals within a given human community...
, such as the Statute of the European Central Bank
European Central Bank
The European Central Bank is the institution of the European Union that administers the monetary policy of the 17 EU Eurozone member states. It is thus one of the world's most important central banks. The bank was established by the Treaty of Amsterdam in 1998, and is headquartered in Frankfurt,...
, a protocol to the international courts as well, such as the Statute of the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
and the Rome Statute of the International Criminal Court
International Criminal Court
The International Criminal Court is a permanent tribunal to prosecute individuals for genocide, crimes against humanity, war crimes, and the crime of aggression .It came into being on 1 July 2002—the date its founding treaty, the Rome Statute of the...
. Statute is also another word for law. The term was adapted from England in about the 18th century.
Biblical terminology
In biblical terminology, a Statute (Hebrew chok) refers to a law given without a reason. The classic example is the Statute regarding the Red HeiferRed heifer
The red heifer or red cow was a sacrifice in the Hebrew Bible the ashes of which are used for the ritual purification of an ancient Israelite who had come into contact with a corpse.- Hebrew Bible :...
.
The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath
Shabbat
Shabbat is the seventh day of the Jewish week and a day of rest in Judaism. Shabbat is observed from a few minutes before sunset on Friday evening until a few minutes after when one would expect to be able to see three stars in the sky on Saturday night. The exact times, therefore, differ from...
laws, which were given because "God created the world in six days, but on the seventh day He rested". (Genesis 2:2-3)
Autonomy Statute
In the Autonomous Communities of SpainAutonomous communities of Spain
An autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...
, the autonomy statute is a legal document similar in all but name to a state constitution in a federated state. The name was chosen because federalism was a taboo subject when the Constitution of 1978
Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
was approved.
See also
- ConstitutionConstitutionA constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
- LegislationLegislationLegislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
- LegislatureLegislatureA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
- Organic statuteOrganic statuteOrganic statute is a calque from the French "Règlement Organique"; literally "regulations for an organ", with "organ" meaning an organization or governmental body...
- Statutory lawStatutory lawStatutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...