A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. They are also distinguished from secondary legislation, or regulations, that are issued by an executive body under authority granted by a statute. Depending on the legal system, a statute may also be referred to as an "act."
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👉 Statutory law in the context of Constitutional law
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and their relationship with their governments, and in federal countries such as the United States and Canada, the relationship between the central government and state, provincial, or territorial governments.
Not all nation states have codified constitutions, though all such states have a jus commune, or law of the land, that may consist of a variety of imperative and consensual rules. These may include customary law, conventions, statutory law, judge-made law, or international law. Constitutional law deals with the fundamental principles by which the government exercises its authority. In some instances, these principles grant specific powers to the government, such as the power to tax and spend for the welfare of the population. Other times, constitutional principles act to place limits on what the government can do, such as prohibiting the arrest of an individual without sufficient cause.
In this Dossier
- ⭐ Core Definition: Statutory law
- 👉 Statutory law in the context of Constitutional law
- Statutory law in the context of Case law
- Statutory law in the context of Veto
- Statutory law in the context of Supreme Court of the United States
- Statutory law in the context of Prohibitionism
- Statutory law in the context of Law of Northern Ireland
- Statutory law in the context of Regulatory law
- Statutory law in the context of Larceny
Statutory law in the context of Case law
Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions.
These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
Statutory law in the context of Veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.
Some vetoes can be overcome, often by a supermajority vote: in the United States, a two-thirds vote of the House and Senate can override a presidential veto. Some vetoes, however, are absolute and cannot be overridden. For example, in the United Nations Security Council, the five permanent members (China, France, Russia, the United Kingdom, and the United States) have an absolute veto over any Security Council resolution.
Statutory law in the context of Supreme Court of the United States
The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that turn on questions of U.S. constitutional or federal law. It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party". In 1803, the court asserted itself the power of judicial review, the ability to invalidate a statute for violating a provision of the Constitution. It is also able to strike down presidential directives for violating either the Constitution or statutory law.
Under Article Three of the United States Constitution, the composition and procedures of the Supreme Court were originally established by the 1st Congress through the Judiciary Act of 1789. The court consists of nine justices—the chief justice of the United States and eight associate justices—who meet at the Supreme Court Building in Washington, D.C. Justices have lifetime tenure, meaning they remain on the court until they die, retire, resign, or are impeached and removed from office. When a vacancy occurs, the president, with the advice and consent of the Senate, appoints a new justice.
Statutory law in the context of Prohibitionism
Prohibitionism is a legal philosophy and political theory often used in lobbying which holds that citizens will abstain from actions if the actions are typed as unlawful (i.e. prohibited) and the prohibitions are enforced by law enforcement. This philosophy has been the basis for many acts of statutory law throughout history, most notably when a large group of a given population disapproves of and/or feels threatened by an activity in which a smaller group of that population engages, and seeks to render that activity legally prohibited.
Statutory law in the context of Law of Northern Ireland
The law of Northern Ireland is the legal system of statute and common law operating in Northern Ireland since the partition of Ireland established Northern Ireland as a distinct jurisdiction in 1921. Before 1921, Northern Ireland was part of the same British legal system as the rest of Ireland.
For the purposes of private international law, the United Kingdom is divided into three distinct legal jurisdictions: England and Wales; Northern Ireland and Scotland.
Statutory law in the context of Regulatory law
Regulatory law refers to secondary legislation, including regulations, promulgated by an executive branch agency under a delegation from a legislature; as well as legal issues related to regulatory compliance. It contrasts with statutory law promulgated by the legislative branch, and common law or case law promulgated by the judicial branch.
Regulatory law also refers to the law that governs conduct of administrative agencies (both promulgation of regulations, and adjudication of applications or disputes), and judicial review of agency decisions, usually called administrative law. Administrative law is promulgated by the legislature (and refined by judicial common law) for governing agencies.
Statutory law in the context of Larceny
Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of England into their own law (also statutory law), where in many cases it remains in force.
The crime of larceny has been abolished in England, Wales, Ireland, and Northern Ireland, broken up into the specific crimes of burglary, robbery, fraud, theft, and related crimes. However, larceny remains an offence in parts of the United States, Jersey, and in New South Wales, Australia, involving the taking (caption) and carrying away (asportation) of personal property without the owner's consent and without intending to return it.