Statutory law or
statute law is written
lawLaw 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
oralAn 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
legislatureA 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 lawCommon 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
legislatorA 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 monarchyAbsolute 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...
).
StatuteA 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
municipalitiesA 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 CodeThe 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 CodeThe 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 LargeThe 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 lawCommon 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 billA 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
divorceDivorce 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
CanadaCanada 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 SenateThe 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
corporationA 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
monopoliesA 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
backbencherIn 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 oppositionIn 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 billA 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 billA 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 billIn 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 LawThe 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."
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