Processes of Legislation

Legislation is the process of making laws by a body specifically empowered to do so, usually the legislature (Parliament or National Assembly). Understanding how laws are made and the different types of legislative enactments is crucial for political science.

1. Types of Legislative Enactments

• Acts: These are laws passed by the National Assembly (Senate and House of Representatives) and signed into law by the President in a civilian regime.
• Edicts: Laws promulgated by a Military Governor at the state level during military rule.
• Decrees: Laws made and issued by the central military government (Supreme Military Council or Armed Forces Ruling Council) at the federal level.
• Bye-laws: Rules and regulations made by local government authorities, public corporations, or professional bodies, valid within their specific jurisdiction.
• Delegated Legislation: Laws made by non-legislative bodies (ministers, local governments, etc.) under the authority of an Act of Parliament. Examples include Statutory Instruments and Orders-in-Council.

2. The Stages of Law-Making (The Bill Process)

A Bill is a draft of a proposed law. It goes through several stages before becoming an Act:

• First Reading: The bill is formally introduced. The Clerk reads the short title, and no debate occurs at this stage.
• Second Reading: This is the most important stage where the general principles and merits of the bill are debated. Members vote on whether it should proceed.
• Committee Stage: The bill is referred to a standing committee or a committee of the whole house. Here, it is examined clause by clause, and amendments are proposed.
• Report Stage: The committee reports its findings and amendments back to the house. The house considers the changes made during the committee stage.
• Third Reading: Final review of the bill. Only minor verbal corrections are allowed. A final vote is taken.
• Assent: In a presidential system, the bill is sent to the President for signature. If the President signs, it becomes an Act. If the President withholds assent (veto), the legislature can override it with a two-thirds majority.

3. Delegated Legislation

Delegated legislation occurs when the legislature transfers law-making power to executive organs. Reasons: Pressure on parliamentary time, technical nature of subjects, and the need for flexibility in emergencies. Controls: Parliamentary control (laying before the house), Judicial control (Ultra Vires), and Ministerial control.