Definition of Legislation in Jurisprudence given by various jurists.

Definition of Legislation:

legislation refers to the formal process of creating, enacting, and codifying laws by a legislative body, such as a parliament or an assembly.

It is considered to be one of the primary sources of law.

The term ‘legislation’ is derived from the Latin word “legis” which means ‘law’ and latum which means “to make” or “set”. Therefore, the word ‘legislation’ means the ‘making of law’.

it is backed by the authority of the sovereign, and it is directly enacted and recognised by the State.

It includes every method of lawmaking. In the strict sense, it means laws enacted by the sovereign or any other person or institution authorised by him.

Definition of Legislation given by various jurists:

1. Salmond’s Definition of Legislation:

According to Sir John Salmond, “Legislation is that source of law which consists in the declaration of legal rules by a competent authority.”

Salmond emphasizes that legislation is a formal source of law, meaning it originates from an authoritative body, such as the parliament, legislature, or other competent authorities.
He distinguishes legislation from other sources of law, such as customs or judicial precedents, by highlighting that legislation involves a conscious and deliberate declaration of legal rules.
This definition implies that legislation is systematic and structured, ensuring clarity and uniformity in legal provisions.

2. John Austin’s Definition of Legislation:

John Austin defines legislation as an activity that results in law-making, amending, transforming, or inserting new provisions into existing law. He asserts that “there can be no law without a legislative act.”

Austin, a proponent of legal positivism, views law as a command issued by a sovereign authority, backed by sanctions.
According to him, legislation is not merely the creation of new laws but also includes the modification, repeal, or reform of existing laws.
His definition emphasizes that laws do not exist independently but are always the result of a formal legislative process.
This aligns with his command theory of law, where laws derive their validity from the authority of the sovereign.

3. Holland’s Definition of Legislation:

Sir Thomas Erskine Holland defines legislation as “the making of general orders by a sovereign authority, which has the power to make laws.”

Holland stresses that legislation involves creating general rules rather than deciding specific cases.
His definition aligns with the idea that laws should be universal and applicable to all, rather than made for individual circumstances.
The reference to a sovereign authority highlights that legislation derives its force from a legally recognized body with law-making powers.
This definition reinforces the principle that legislation should be binding, authoritative, and enforceable by the legal system.

4. Gray’s Definition of Legislation:

According to John Chipman Gray, “Legislation means the formal utterance of the legislative organs of the society.”

Gray emphasizes that legislation is a deliberate and official expression of legal rules by a recognized law-making body.
His definition highlights the formality of legislation, meaning that laws must be enacted through established legal procedures.
He views legislation as a function of state organs, such as parliament or other legislative bodies, which are entrusted with the responsibility of law-making.
Gray’s definition implies that laws are not created informally or arbitrarily but must go through a structured and authoritative process.

5. Duguit’s Definition of Legislation:

According to Léon Duguit, “Legislation is the creation of legal rules by an organ that has the function of making law.”

Duguit’s definition is similar to Gray’s but places more emphasis on the function of the legislative body.
He focuses on the idea that law-making is a specialized and designated function of the state, meaning that not everyone has the authority to create laws.
This definition reinforces the principle of separation of powers, where the role of law-making is distinct from other state functions, such as law enforcement or adjudication.
Duguit, being a sociological jurist, also implies that legislation should be aimed at serving society and fulfilling the needs of the people.

Conclusion:

Salmond highlights that legislation is a formal declaration of legal rules by a competent authority.
Austin views legislation as an activity that creates, amends, or modifies legal rules, emphasizing that there is no law without a legislative act.
Holland stresses that legislation consists of general orders issued by a sovereign authority.
Gray focuses on the formal expression of laws by the legislative organs of society.
Duguit underscores that law-making is a specialized function of designated organs of the state.