Statutory law
Encyclopedia
Statutory law or statute law is written law
(as opposed to oral
or customary law) set down by a legislature
(as opposed to regulatory law promulgated by the executive branch or common law
of the judiciary in a typical democracy/republic) or by a legislator
(in the case of an absolute monarchy
).
Statute
s may originate with national, state legislatures or local municipalities
. Statutes of lower jurisdictions are subordinate to the law of higher.
, the Ohio Revised Code
or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the "effective date" provisions—remaining uncodified—would be available by reference to the United States Statutes at Large
. Another meaning of "codified law" is a statute that takes the common law
in a certain area of the law and puts it in statute or code form.
, a law affecting only one person or a small group of persons. An example was divorce
in Canada
prior to the passage of the Divorce Act of 1968. It was possible to obtain a legislative divorce in Canada by application to the Canadian Senate
, which reviewed and investigated petitions for divorce, which would then be voted upon by the Senate and subsequently made into law. In the United Kingdom Parliament, private bills were used in the nineteenth century to create corporation
s, grant monopolies
and give individuals attention to be more fully considered by the parliament. The government may also seek to have a bill introduced unofficially by a backbencher
so as not to create a public scandal; such bills may also be introduced by the loyal opposition
— members of the opposition party or parties. Sometimes a private member's bill
may also have private bill
aspects, in such case the proposed legislation is called a hybrid bill
.
In Canon Law
, private law is called "particular 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...
(as opposed to oral
Oral law
An oral law is a code of conduct in use in a given culture, religion or community application, by which a body of rules of human behaviour is transmitted by oral tradition and effectively respected, or the single rule that is orally transmitted....
or customary law) set down by a legislature
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...
(as opposed to regulatory law promulgated by the executive branch or 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...
of the judiciary in a typical democracy/republic) or by a legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
(in the case of an absolute monarchy
Absolute monarchy
Absolute monarchy is a monarchical form of government in which the monarch exercises ultimate governing authority as head of state and head of government, his or her power not being limited by a constitution or by the law. An absolute monarch thus wields unrestricted political power over the...
).
Statute
Statute
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...
s may originate with national, state legislatures or local municipalities
Municipality
A municipality is essentially an urban administrative division having corporate status and usually powers of self-government. It can also be used to mean the governing body of a municipality. A municipality is a general-purpose administrative subdivision, as opposed to a special-purpose district...
. Statutes of lower jurisdictions are subordinate to the law of higher.
Codified Law
The term codified law refers to statutes that have been organized ("codified") by subject matter; in this narrower sense, some but not all statutes are considered "codified." The entire body of codified statute is referred to as a "code," such as the United States CodeUnited 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...
, the Ohio Revised Code
Ohio Revised Code
The Ohio Revised Code contains all acts passed by the Ohio General Assembly and signed by the governor. The Ohio Revised Code replaced the Ohio General Code in 1953. However the current organization and form of the Ohio Revised Code Title 29 was completely re-written and issued into law by the...
or the Code of Canon Law. The substantive provisions of the Act could be codified (arranged by subject matter) in one or more titles of the United States Code while the "effective date" provisions—remaining uncodified—would be available by reference to the United States Statutes at Large
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
. Another meaning of "codified law" is a statute that takes 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...
in a certain area of the law and puts it in statute or code form.
Private/Particular Law
Another example of statutes that are not typically codified is a "private law" that may originate as a private billPrivate bill
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act . This is unlike public bills which apply to everyone within their jurisdiction...
, a law affecting only one person or a small group of persons. An example was divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
prior to the passage of the Divorce Act of 1968. It was possible to obtain a legislative divorce in Canada by application to the Canadian Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
, which reviewed and investigated petitions for divorce, which would then be voted upon by the Senate and subsequently made into law. In the United Kingdom Parliament, private bills were used in the nineteenth century to create corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s, grant monopolies
Monopoly
A monopoly exists when a specific person or enterprise is the only supplier of a particular commodity...
and give individuals attention to be more fully considered by the parliament. The government may also seek to have a bill introduced unofficially by a backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
so as not to create a public scandal; such bills may also be introduced by the loyal opposition
Loyal opposition
In parliamentary systems of government, the term loyal opposition is applied to the opposition parties in the legislature to indicate that the non-governing parties may oppose the actions of the sitting cabinet typically comprising parliamentarians from the party with the most seats in the elected...
— members of the opposition party or parties. Sometimes a private member's bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
may also have private bill
Private bill
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act . This is unlike public bills which apply to everyone within their jurisdiction...
aspects, in such case the proposed legislation is called a hybrid bill
Hybrid bill
In the United Kingdom, a hybrid bill is a public bill which affects the private interests of a particular person or organization. It is generally initiated by the Government on behalf of non-Parliamentary bodies such as local authorities and is treated like a private bill for the beginning of its...
.
In Canon Law
Canon law (Catholic Church)
The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, private law is called "particular law."
External links
- Parliamentary Fact Sheets United Kingdom