Legislation: Compendium of definitions and concepts
Definition of legislationThe law (from the latin lex, legis) is a legal norm issued by the legislator, i.e. a precept laid down by the competent authority, in which is commanded or prohibits something in line with justice. Failure to do so brings a sanction. According to the Panamanian jurist César Quintero, in his book constitutional law, the law is a "standard issued by a public authority that all sorts, prohibits or allows, and everyone must to whom obedience." On the other hand, the Venezuelan jurist Andrés Bello defined law, in article 1 of the Civil Code of Chile as "a declaration of the sovereign will, that manifested in the manner prescribed by the Constitution, manda, forbids or allows".
The laws are delimiting of the free will of people within society. It can be said that law is external control that exists for human behavior, in a nutshell, the rules that govern our social conduct. It constitutes one of the sources of law, currently considered the main, requiring to be issued by competent authority, i.e. the legislative body.
-Aristotle: "The common consent of the city".
-Gaius: "Is what the people sends and sets".
-Aftalión: "Is the general rule, established by the competent organ (legislator) using the word".
-Kelsen: "in specific sense, legislation means establishment of General legal rules, any that is the body which perform it."
-Undo: "Compulsory social rule set on a permanent basis by the public and be punished by force authority".
-Santo Tomas: "Ordination of reason aimed at the common good and enacted solemnly by who cares for the community".
Concept on legislationLegislation to the body of laws governing certain matters or science or the set of laws through which life in a country, i.e. What is popularly called legal system is ordered and which establishes those behaviors and acceptable or rejectable actions of an individual, institution, company, among others is called.
Every law per is that legislators of a particular nation handed down, being, with exceptions, the only authorities competent to do so, must be respected and fulfilled by all citizens to contribute to the good of the community, meanwhile, in the event that this is not fulfilled as it should, each particular shall take charge of the corresponding sanction. For example, if left parked my car in a prohibited space and the authority which monitors this question surprises me in that situation, all of the law will fall off me and I respond by this lack, either paying a fine or paying a previously established canon.
And now returning to the generality that occupies us, the laws of a democratic State, for example, is composed of the national Constitution which stands as the standard mother and Supreme and then by the laws which we mentioned more above and which are the product of the work of the legislature, those demonstrations regulatory authority to the Executive Branch, such as regulations, decrees, treaties, conventions, provisions, contracts, among others.
If one lived in a community in which there is this set of rules that tell us how to act, to respond to certain situations and that will basically sorted the life on it, then, it is almost certain that the decontrol would send, since not all people tend to respect the right of the other nor deploy their obligations, why and attending to this issue is that legislation is the best way that exists so that a community continuesdevelops and grows, in the midst of the chaos it would be impossible to so will happen.
There are two basic concepts about the origin of the law or legal system. On the one hand the normative current points that law is expressed in a set of rules that are understood and are governed with a series of value judgements, beliefs and convictions. And on the other hand, the current institutional assumes that this order will be established by society, those mechanisms that apply and produce standards and all those institutions and application criteria.
Definition of legislationIt is the set of laws of a State, understanding by laws according to aim, obligatory social rules, imposed by a public authority on a permanent basis and that are sanctioned by the force.
The elaboration of laws in formal sense, is a custodial authority of the legislative branch, born of the classical division of powers prepared by Montesquieu. The application of the legislation is up to the judiciary to exercise the control power over the other, and that none can abuse their powers.
In the material sense laws are written rules that the competent authorities have been sanctioned in exercise of its functions, such as the national Constitution, the provincial constitutions, emanating from the national legislative power, national laws, and the General rules which dictate the provincial legislatures, regulatory decrees of the Executive, the police edicts regulations of the Supreme Court and of the Chambers of Appeals agreed (in the Republic of Argentina).
In a formal sense, are the rules that emanate from the national or provincial legislative powers, and carry an identification number.
The laws governing a particular activity, by its content, are grouped in various legislations, and many times are encoding object. So we speak of law criminal, procedural, civil, commercial, etc. We also speak of law when we group that teaches each State to govern in its territory, such as legislation, argentina, Mexican, Uruguayan or Spanish or international law when through treaties, States adopt common rules to apply in their countries.
Comparative law is the analysis of the laws governing on various subjects in the States of the world, for the purpose of establishing their similarities and differences in the legal treatment of the issues.
Concept on legislationThe word legislation refers to the entire set of laws arranged by the competent bodies which underlie the morals, ethics and morality within a given society. The term is purely generic, applied to any living space in the world, of course, the most notorious is the rod legislation, which is in charge of ensuring the responsibilities and rights of the citizens of a nation but in reality it can be called legislation to all compendium of rules which must be respected by all alike. The laws laid down for companies and employment agencies are more specific, are oriented in need of work, that each element meets and respects their duties within the work area.
The laws of that type have a complicated variant, because labor today deserves a respect higher and favourable towards them thanks to state laws issued for that purpose. All of this is given by a law established in times of Cologne, where slavery was a tool of the Empires colonizers, which were responsible for getting African labour which was paid with food and not very extreme cases, with preserve life was enough.
The legislation is a control state, if the population not depended on this set of standards, the establishment of a social structure not could do, since freedom is good to an extent point in which consciousness and all ethical values is founded to create a regulatory law. The laws are shaped by a series of treaties questioned and debated in a full room with a court, lawyers and representatives of society, which are responsible to produce the texts necessary to discuss the adoption of a law. In many countries, the creation of laws is carried out in a public ceremony, where the media and the response of the citizenship play a fundamental role, taking into account the views of different sources that include those who are against the formation of laws, but generally the discussion always leads to legislation optimal at the service of the community.