Processes of Legislation | Jamb Government

Legislative Enactments

1. Legislative enactments refer to laws passed by a recognized legislative body (e.g., parliament, congress).
2. They serve as the primary source of legal authority in a country.
3. Legislative enactments are made through deliberation, debate, and voting by elected representatives.
4. They can be used to create, amend, or repeal laws governing a country or region.
5. Legislation is classified as primary (Acts) or secondary (Delegated Legislation).
6. Enactments establish legal frameworks for governance, economic policies, and social order.
7. Some legislative enactments are constitutionally required, while others are politically motivated.
8. Legislative enactments vary across democratic, autocratic, federal, and unitary systems of government.
9. Enactments are binding on all individuals and institutions within a jurisdiction.
10. Once enacted, laws are enforced by government agencies, courts, and law enforcement bodies.
    
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Acts

11. Acts are formal written laws passed by a legislature and signed into law by the head of state.
12. They are also known as statutes or laws in different jurisdictions.
13. An Act of Parliament is a major legislative tool in democratic systems.
14. Acts cover a wide range of subjects, including taxation, education, and national security.
15. Parliamentary Acts are superior to executive orders or administrative rules.
16. Acts often go through several readings, debates, and committee reviews before approval.
17. Examples of Acts include the U.S. Civil Rights Act (1964) and Nigeria's Electoral Act.
18. Acts provide legal guidelines for public policies and government programs.
19. They can be amended or repealed if necessary through the legislative process.
20. Once enacted, Acts become part of the statutory laws of a country.
    
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Edicts

21. Edicts are laws made by military or authoritarian rulers without a formal legislative process.
22. They are common in military regimes and transitional governments.
23. Unlike Acts, edicts do not require legislative approval.
24. They are often issued to enforce order, implement policies, or control dissent.
25. Edicts override existing laws where necessary.
26. They are temporary and may be revoked when democratic rule is restored.
27. Edicts were common in military governments in Africa, Asia, and Latin America.
28. Military governors and heads of state often issue edicts to regulate affairs in states.
29. Once democratic governance resumes, edicts may be reviewed or annulled.
30. Edicts lack legitimacy in democratic societies, where laws require parliamentary approval.
    
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Bye-laws

31. Bye-laws are local laws made by municipal, city, or regional councils.
32. They regulate public behavior within a specific locality.
33. Bye-laws must conform to national laws and constitutional principles.
34. They cover issues such as waste management, public transportation, and local business regulations.
35. Local councils, municipalities, or town authorities create and enforce bye-laws.
36. Examples include noise control laws, parking regulations, and street trading laws.
37. Businesses and residents must comply with bye-laws in their locality.
38. Enforcement agencies such as local police or inspectors oversee implementation.
39. Failure to comply with bye-laws can result in fines, penalties, or legal action.
40. Bye-laws can be challenged in higher courts if they contradict national laws.
    
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Delegated Legislation

41. Delegated legislation is law-making power given to lower authorities by the legislature.
42. It allows government ministers, agencies, or local authorities to make laws under a framework set by the legislature.
43. Delegated legislation includes regulations, orders, and rules made by authorized bodies.
44. It helps ease the workload of the main legislature by allowing experts to handle specific legal areas.
45. The parent Act (enabling law) gives the authority for delegated legislation.
46. Types of delegated legislation include statutory instruments, ministerial orders, and bye-laws.
47. Examples include traffic regulations, public health rules, and environmental laws.
48. Parliament retains oversight and can revoke delegated legislation if necessary.
49. Critics argue that delegated legislation gives excessive power to unelected officials.
50. Judicial review can challenge delegated laws that exceed the given powers.
    
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Decrees

51. Decrees are official orders issued by a government or ruler without legislative approval.
52. They are common in authoritarian or military regimes.
53. Decrees have the force of law and may override existing legislation.
54. Military governments in countries like Nigeria, Egypt, and Chile used decrees extensively.
55. Decrees can affect civil rights, governance structures, and public policies.
56. Unlike Acts, decrees do not undergo parliamentary debates or voting.
57. Examples include emergency decrees, martial law orders, and economic directives.
58. Decrees are often enforced with military or police support.
59. Once democracy is restored, decrees may be repealed or integrated into statutory laws.
60. Decrees are less transparent than democratic legislation and can lead to human rights abuses.
    
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Processes Involved in the Making of Laws

Stage 1: Proposal and Drafting

61. A law begins as a proposal (bill) introduced by legislators, ministers, or citizens.
62. Drafting committees prepare the legal wording of the bill.
63. Public consultations may be held to gather opinions and expert input.
    
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Stage 2: First Reading

64. The bill is introduced in parliament or congress.
65. No debate takes place at this stage, only formal presentation.
    
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Stage 3: Second Reading

66. Lawmakers debate the principles and objectives of the bill.
67. Amendments may be suggested before further review.
    
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Stage 4: Committee Stage

68. A special committee examines the bill in detail.
69. Public hearings or expert reviews may be conducted.
70. Proposed amendments are discussed before sending the bill for further approval.
    
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Stage 5: Third Reading and Approval

71. Final debate takes place before a vote is cast.
72. The bill must pass by a majority vote before moving to the next stage.
    
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Stage 6: Senate/Upper House Review

73. In bicameral legislatures, the bill moves to the second chamber for approval.
74. The second chamber may modify, accept, or reject the bill.
    
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Stage 7: Presidential/Governmental Assent

75. The head of state (president, prime minister, monarch) signs the bill into law.
76. If the executive refuses, the bill may be sent back for reconsideration.
77. Some governments allow veto override if the legislature votes again with a higher majority.
    
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Stage 8: Implementation and Enforcement

78. The new law is published in the official government gazette.
79. Government agencies ensure compliance and enforcement.
80. Courts may interpret and clarify legal ambiguities.

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