Every country has its set of rules to govern the nation as a whole, the necessity of rules leads to the construction of a constitution which embodies several laws, acts, duties, rights etc.. It is important as these rules or laws create uniformity across the nation which makes it easy for the government to govern properly.
There is a separate body which is responsible for making laws for Welfare of society and this body is known as the legislature, a legislative body is present in every Democratic Republic in the country and it constantly ensures the proper enactment of laws.
There are several terms which are interlinked with laws or have quite similar meanings for example statutory laws or acts but they are entirely different from laws.
Law vs Statute
The main difference between law and statute is that law is a wider term that includes a body of saturation, administrative and common law provision while the statute is a specific codified statement of some laws that has been approved by the legislative body of government.
Comparison Table Between Law and Statute
| Parameters of Comparison | Law | Statute |
| Definition | Is a wider term which includes all types of rules and regulations along with statutory laws and administrative rules. | The statute is a type of law which is written by the legislature and signed by the president for Governor at the state level. |
| Purpose | To maintain law and order | To document a law |
| Type of document | System of ruling | A legal document |
| Mentioned in | Various legal documents | Specific codes |
| Drafting committee | Executive and legislature | Legislature |
What is Law?
Law is an official statement in any country that states the rules for the citizens of a country. Law includes provisional rules, statutory laws, administrative rules, etc.
Laws are enforceable by the Judiciary of the country which is an independent organ of the government, it regulates the relationship between the organs of government, the relationship of state government with that of the national government, the relationship of conduct subjects to each other,etc..
Laws are of four types, those are; international law, criminal law, energy law and corporate law. Law serves many purposes like resolving disputes, establishing liberty and equality among society, maintaining orders, establishing standards, etc..
Law is extremely important for society as it acts as guidelines for the citizens of what is accepted in society. The law can be used formally as well for various communities; it does not necessarily mean constitutional law.
Law has provisions that are applicable on people in different circumstances to act rightly, it is important to provide justice through law and does it constitutes rules and regulations which enables people to get proper equality and liberty and its true sense.
Law is designed by the bodies of Government and with the decision making power of the judiciary it is enacted in the country with uniform implementation, it ensures the proper governance. The rule of law plays a vital role in the enactment of any law.
Laws are subject to amendments and for these amendments, its advantages and disadvantages and its implications and everything related to the law is discussed and debated in the parliament and then and judiciary and after the final decision, a law is enacted in the country.
What is the Statute?
A statute is simply written law passed by the legislature on the state or federal level. A statute may forbid certain acts, make a declaration, or set forth governmental mechanisms to aid society.
Legislature proposes a bill which is discussed in both the houses and if it survives the process of discussion and debates it gets signed by the president on Federal level or by Governor at the state level this eventually known as a statute. When a bill becomes law the various provisions stated in it are known as a statute.
The law-making powers are vested in elected legislative members, The vesting of lawmaking power in the hands of lawmakers is a representation of democracy. Law created through judicial powers stands and contradiction to statute law.
The Executive Branch may possess the power of law-making under the federal or state constitution The judiciary has the power to review statutes to determine whether they are valid under those constitutions or not. When a court strikes down a statute it makes Law of it which is applied to people of the country.
The legislature does not pass statutes that cover every conceivable dispute, furthermore, the language covered Institute might not cover all the situations as they are written in broader terms and Judiciary is expected to read between the lines.
Main Differences Between Law and Statute
- Law is a broader term which includes all kinds of rules and regulations along with duties and rights for the common good of people. On the other hand, the statute codifies specific rules made for some special provisions.
- Law contains all the rules and regulations of the country on the other hand and a statue is a written form of law.
- Statute documents law after passing by the Legislature so that it is accessible by the people of the country on the other hand law maintains law and order of the country and ensures that every citizen respects the will of government or state.
- The statute is a legal document on the other hand law is a system of ruling.
- Statutes are drawn together under subjects that are known as codes. On the other hand, the law is a system of rules which can be documented in several legal documents.
Conclusion
Law and statute go hand in hand. Both of them play an important role in establishing a successful society by laying Foundation democracy.
Law and statute are essential for any country to ensure law and order among the citizens.
References
- https://books.google.com/books?hl=en&lr=&id=3CNDBgAAQBAJ&oi=fnd&pg=PP1&dq=what+is+law&ots=Fu7xHrC_rB&sig=kazIqnqjHzS9-_wB5xJ7k0EzVjg
- https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/clr47§ion=38