What Legislation Is (Not)

23 Pages Posted: 13 May 2022

See all articles by Asif Hameed

Asif Hameed

Southampton Law School, University of Southampton

Date Written: May 13, 2022

Abstract

We may sharpen our understanding of legislation by juxtaposing it with other types of legal act. John Gardner attempts to differentiate legislation from legal rulings - an unusual juxtaposition in itself - and his claims about the difference are surprising. Legal rulings are legally binding pronouncements issued by judges – eg ‘A owes B $50 in compensation’. The article questions the analysis advanced by Gardner and endorsed by other accounts. We instead offer an alternative distinction, and in so doing seek to clarify what legislation is by what it is not.

Keywords: legislation, law-making, legal rulings, judicial orders

JEL Classification: K00, K10, K19, K30, K39, K40, K49

Suggested Citation

Hameed, Asif, What Legislation Is (Not) (May 13, 2022). Available at SSRN: https://ssrn.com/abstract=4108437 or http://dx.doi.org/10.2139/ssrn.4108437

Asif Hameed (Contact Author)

Southampton Law School, University of Southampton ( email )

University Rd.
Southampton SO17 1BJ, Hampshire SO17 1LP
United Kingdom

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