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    Legislation As A Source of Law in The Context of Nepal

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    Rukhshar Zeba
    Legislation is the primary source of law in Nepal. [1] The legislative process begins with a proposal that is drafted and introduced in Parliament. [2] It then goes through committee scrutiny, debates, amendments, and a vote before receiving presidential assent. [3] Legislation establishes a framework for governance and protects fundamental rights. However, the legislative process can be slow and laws may lack clarity or fail to adapt to societal changes.

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    Legislation As A Source of Law in The Context of Nepal

    Uploaded by

    Rukhshar Zeba
    170 views13 pages
    Legislation is the primary source of law in Nepal. [1] The legislative process begins with a proposal that is drafted and introduced in Parliament. [2] It then goes through committee scrutiny, debates, amendments, and a vote before receiving presidential assent. [3] Legislation establishes a framework for governance and protects fundamental rights. However, the legislative process can be slow and laws may lack clarity or fail to adapt to societal changes.

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    Legislation in Nepal.

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    Legislation as a source of law in the context of nepal

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    Legislation is the primary source of law in Nepal. [1] The legislative process begins with a proposal that is drafted and introduced in Parliament. [2] It then goes through committee scrutiny, debates, amendments, and a vote before receiving presidential assent. [3] Legislation establishes a framework for governance and protects fundamental rights. However, the legislative process can be slow and laws may lack clarity or fail to adapt to societal changes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    170 views13 pages

    Legislation As A Source of Law in The Context of Nepal

    Uploaded by

    Rukhshar Zeba
    Legislation is the primary source of law in Nepal. [1] The legislative process begins with a proposal that is drafted and introduced in Parliament. [2] It then goes through committee scrutiny, debates, amendments, and a vote before receiving presidential assent. [3] Legislation establishes a framework for governance and protects fundamental rights. However, the legislative process can be slow and laws may lack clarity or fail to adapt to societal changes.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 13

    Legislation as a

    source of law in the


    context of Nepal
    AFTAB SAMEER
    WHITE ZONE
    2ND YEAR
    I.
    The word legislation comes from the Latin word
    "legislatio" which is derived from "lex" (meaning

    Introduction
    "law") and "latus" ( which means "to make" or
    "to propose"). Therefore, the etymological roots
    of the word "legislation" suggest a process of
    proposing or making laws.
    This term is used in three senses according to some jurists. The meaning of legislation in three different senses are;

    i.) In the broadest sense: Legislation is all methods of law making. In this sense judge made

    law is also a law .

    ii.) In the w idest sense: Every activity done by legislature are the law s or the legislation.

    Declaring w ar, peace, ratifying treaty, etc. In this senses there is no creation of any

    new law s.

    iii.) Narrow /Strict sense: Laying down rules by sovereign or subordinate authority or

    competent law making body. It signifies w ritten statues, laws and rules.

     Importance of legislation in the legal system

    - Legislation serves as the primary source of law in Nepal.

    - It provides a framew ork for governing various aspects of society.

     Role of legislation in Nepal's legal framew ork

    - Legislation defines rights, obligations, and procedures.

    - It establishes a legal structure for the functioning of institutions.


     Definition : According to Salmond, “legislation is that source of law, which consists in

    II. Definition the declaration of rules by a competent authority.”

    and Types of  Types of Legislation:

    Legislation  Supreme Legislation: Supreme legislation in Nepal refers to laws that are enacted by
    the Parliament, which is the highest legislative authority in the country. The Parliament
    consists of two houses: the House of Representatives (Pratinidhi Sabha) and the
    National Assembly (Rastriya Sabha). The supreme legislation in Nepal is primarily in
    the form of Acts of Parliament or statutes.
    The Parliament has the authority to make laws on various subjects, including
    constitutional matters, fundamental rights, criminal law, civil law, administrative
    procedures, and other areas of governance. The process of enacting supreme
    legislation involves multiple stages, including drafting, debate, voting, and royal assent.
    Supreme legislation in Nepal is binding on all individuals, organizations, and government
    entities within the country's jurisdiction. It provides the overarching framework and
    principles for governing various aspects of society and is considered the highest source
    of law in the country.
     Subordinate Legislation: Subordinate legislation in Nepal refers to laws or regulations
    that are made by executive authorities or bodies under the authority granted to them by
    the supreme legislation. These authorities include the government, ministries,
    departments, and other specialized bodies.
     The subordinate legislation serves to provide detailed rules, procedures, and
    guidelines for implementing and executing the provisions of the supreme legislation. It
    covers various administrative, technical, and practical aspects that may not have been
    explicitly addressed in the Acts of Parliament.
     Subordinate legislation in Nepal can take the form of regulations, rules, orders,
    directives, notifications, or other similar instruments. These instruments are legally
    binding and carry the force of law, although they are made by entities other than the
    Parliament. They are subject to parliamentary oversight and may also be subject to
    judicial review to ensure they are consistent with the principles and intentions of the
    supreme legislation.
     Regulations - Detailed rules and procedures made by the executive branch to
    implement laws.
     Rules - Specific regulations governing administrative processes and procedures.
     Orders - Legally binding instructions issued by the government or relevant authorities.
    A. Constitution as the supreme law

    III. - The Constitution of Nepal holds the highest legal authority.

    Legislative B. Role of the Parliament


    1. House of Representatives

    Process in - Elected representatives responsible for proposing and enacting legislation.

    Nepal 2. National Assembly

    - Upper house of Parliament, reviewing and providing input on legislation.

    C. Stages of legislation
    1. Proposal and drafting
    - Ideas for laws are formulated, and draft legislation is prepared.
    2. Introduction in Parliament

    - Proposed legislation is presented in Parliament.

    3. Committee scrutiny

    - Parliamentary committees review and analyze the proposed legislation.

    4. Debates and amendments

    - Detailed discussions and modifications take place in Parliament.

    5. Voting and approval

    - Parliament members vote on the legislation.

    6. Presidential assent

    - The President grants formal approval for the legislation to become law.

    D. Publication and commencement of legislation

    - Published in the Official Gazette and becomes effective on a specified date.


    IV. Sources A. Constitution of Nepal

    of - Provides the fundamental framework for the legal system.


    B. Acts of Parliament

    Legislation - Enacted laws by the legislative body.


    C. Ordinances

    in Nepal - Temporary laws promulgated by the government in urgent situations.


    D. Regulations and Rules
    - Detailed guidelines and procedures issued by executive authorities.
    E. Subordinate Legislation
    - Laws made by individuals or bodies with delegated legislative power.
    A. Binding nature
    V. - Legislation is legally enforceable and must be complied with.
    B. Flexibility and adaptability
    Characteristics - Legislation can be amended or repealed to accommodate changing
    circumstances.
    of Legislation C. Public accessibility and transparency
    - Legislation is accessible to the public to ensure transparency and
    accountability.
    D. Hierarchical structure
    - Legislation follows a hierarchical structure, with higher laws overriding
    lower ones.
    E. Potential for judicial review
    - Legislation can be challenged in courts for its constitutionality and
    legality.
    A. Rule of law and governance
    VI. Role and - Legislation establishes a framework for maintaining law
    and order.
    Importance B. Protection of fundamental rights
    - Legislation safeguards and guarantees fundamental rights
    of of citizens.
    C. Regulation of societal and economic activities
    Legislation - Legislation provides rules and regulations to govern
    various sectors and activities.
    D. Establishment of legal framework
    - Legislation creates a legal framework that promotes
    stability and certainty.
    VII. A. Lack of clarity and specificity

    - Legislation may sometimes lack clarity, leading to confusion during interpretation and implementation.

    Challenges - Lack of specificity in legislation can leave room for varied interpretations and potential loopholes.

    B. Slow legislative process

    - The legislative process can be time-consuming, resulting in delays in enacting necessary laws.

    and - Slow legislation may hinder timely responses to emerging issues and changing societal needs.

    C. Potential for abuse or misuse

    - Legislation can be misused by those in pow er for personal or political gain.

    Limitations - Improper implementation or selective enforcement of legislation can undermine its intended purpose.

    D. Difficulty in keeping up w ith societal changes

    of
    - Legislation may struggle to keep pace w ith rapidly evolving social, technological, and economic developments.

    - Adapting legislation to address emerging challenges and trends requires careful consideration and timely updates.

    - It enables the government to address societal needs, promote development, and safeguard rights.

    Legislation
    Legislation tries to solve the problems of people. Objective of law is to

    VIII. address the problems of


    people not to rule the people. To end malpractices in society, legislation
    is necessary. To protect
    Conclusion the weaker section of the society legislation is necessary. To amend the
    old laws legislation plays
    vital role. Without public social opinion and morality legislation is
    impossible to make. Legislation
    should bring positive change in society. Due to advancement in
    technology new types of problems
    are arising in the society. To address these kinds of problems, legislation
    is the best way. Precedent are
    based on particular cases and customs may not be effective to deal with
    social problems. So, legislation is the best and reliable source of law.
    Thank you.

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