Legislation: Concept, Classification, and General Principles

2026-05-31

Exam Snapshot

Legislation is the most prolific source of modern law. Candidates must master Salmond's classification of subordinate legislation, the distinction between supreme and subordinate acts, and the constitutional limits on legislative power in Nepal.

Core Concept

Legislation refers to the declaration of legal rules by a competent authority.

Etymology

• Legis: Law.
• Latum: To set or propose.

Classification

• Supreme Legislation: Proceeds from the sovereign power (Parliament); cannot be repealed by any other authority.
• Subordinate Legislation: Proceeds from an authority other than the sovereign power; depends on delegated power.

Salmond's Five-Fold Classification (C-E-J-M-A)

• Colonial: Historical legislation by dependent territories.
• Executive: Rules/regulations/bylaws created by the executive branch.
• Judicial: Procedure rules framed by superior courts.
• Municipal: Bylaws by local government bodies.
• Autonomous: Rules by private/semi-public corporations (e.g., Universities).

Nepal Law Anchors

• Legislative Power: Defined by Article 57, read with Schedules 5-9 of the Constitution.
• Legislative Procedure: Part 9 (Articles 109-114) of the Constitution.
• Judicial Review: Article 133(1) of the Constitution allows the Supreme Court to declare subordinate legislation void if it violates the parent Act or Constitution.

Confusable Terms

• Autonomic vs. Delegated: All autonomic legislation is subordinate, but not all subordinate legislation is autonomic.
• Constitutional Supremacy vs. Parliamentary Sovereignty: Nepal follows Constitutional Supremacy (Article 1); Acts can be declared void if unconstitutional.

MCQ Traps

• Retrospective Legislation: Prohibited in criminal law by Article 20(4) of the Constitution (No ex-post facto law).
• Scope of Subordinate Legislation: Always check if the rule is intra vires (within the scope) of the parent Act.

Example

A municipal bye-law imposing a tax not authorized by the parent Local Government Operation Act is invalid under the doctrine of ultra vires.

Memory Hook

Use C-E-J-M-A for Salmond's subordinate legislation: Colonial, Executive, Judicial, Municipal, Autonomous.

Quick Revision

• Legis + Latum = Lawmaking.
• Supreme: Sovereign-made.
• Subordinate: Delegated; must be intra vires.
• Constitution: The supreme legal instrument in Nepal.