Statute
A formal written enactment of a legislature, distinct from common law.
A statute is a law or formal written enactment of a legislature, typically declaring, commanding, or prohibiting something. It is distinguished from court law and unwritten law (common law) as the expressed will of a legislative body, and from secondary legislation or regulations 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'.
- definition
- A law or formal written enactment of a legislature
- etymology_origin
- Old French statut, estatut, estatu; Late Latin statutum
- earliest_english_use
- 14th century
- distinguished_from
- Court law, unwritten law (common law), and secondary legislation
- publication_form
- Government gazette or series of books in chronological order
- codification_method
- Topical arrangement within codes, with new statutes amending or repealing code sections
- alternative_uses
- International treaties (e.g., Statute of the International Court of Justice), autonomy statutes in Spain, university by-laws in the UK
Lore & Background
The word 'statute' appears in English as early as the 14th century, derived from Old French terms meaning '(royal) promulgation, (legal) statute,' which in turn came from Late Latin statutum, meaning 'a law, decree.' In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law, often in a government gazette or a series of books limited to legislative acts, traditionally in chronological order by date of enactment.
Reader's Guide
Statutes are fundamental to modern legal systems as the expressed will of a legislative body, providing clear, written rules that override unwritten common law and are superior to executive regulations. A universal problem in their use is the rapid growth of published statutes over time, requiring persons to sort through many enactments to determine which portions remain in effect. The solution adopted in many countries is codification—organizing existing statutory law into topical codes and drafting new statutes to add, amend, repeal, or move code sections, so the code reflects the current cumulative state of the law. The term 'statute' also applies to international treaties that establish institutions (e.g., the Rome Statute of the International Criminal Court) and to autonomy statutes in Spain, which have the rank of organic law between the constitution and ordinary laws. In the United Kingdom, some universities' by-laws are termed statutes, and revision normally requires permission from the Privy Council.
Did You Know?
- The word 'statute' appears in English as early as the 14th century.
- Statutes are traditionally published in chronological order based on date of enactment.
- The term 'statute' is also used for international treaties that establish institutions, such as the Statute of the International Court of Justice.
- In Spain, autonomy statutes have the rank of organic law, between the constitution and ordinary laws.
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