What is a statute ? Discuss the various classes of a statute.
CS Executive · Jurisprudence, Interpretation and General Laws · PYQS · December 2023
What is a statute ? Discuss the various classes of a statute.
Answer & Explanation:
A statute has been defined as "the will of the legislature" (Maxwell, Interpretation of Statutes, 11th ed. p. 1). Normally, it denotes the Act enacted by the legislature. A statute is thus a written "will" of the legislature expressed according to the form necessary to constitute it as a law of the State, and rendered authentic by certain prescribed forms and solemnities. (Crawford, p. 1) According to Bouvier's Law Dictionary, a statute is "a law established by the act of the legislative power, i.e., an Act of the legislature. The written will of the legislature. The term 'statute' is generally applied to laws and regulations of every sort, law which ordains, permits or prohibits anything which is designated as a statute, without considering from what source it arises". The Constitution of India does not use the term 'statute' but it employs the term "law" to describe an exercise of legislative power. Statutes are commonly divided into following classes: Codifying , when they codify the unwritten law on a subject; Declaratory , when they do not profess to make any alteration in the existing law, but merely declare or explain what it is; Remedial , when they alter the common law, or the judge made (non-statutory) law; Amending , when they alter the statute law; Consolidating , when they consolidate several previous statutes relating to the same subject matter, with or without alternations of substance; Enabling , when they remove a restriction or disability; Disabling or restraining , when they restrain the alienation of property; Penal , when they impose a penalty or forfeiture.
Topics: Interpretation of Statutes
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