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Statute

Statute of Grand Duchy of Lithuania, written in Polish

A statute is a formal written enactment of a legislative authority that governs a state, city or country.[1] Typically, statutes command or prohibit something, or declare policy.[1] Statutes are laws made by legislative bodies and distinguished from case law which is decided by courts, and regulations issued by government agencies.[1] Statutes are sometimes referred to as legislation or "black letter law." As a source of law, statutes are considered primary authority (as opposed to secondary authority).

Ideally all statutes must be in harmony with constitutional law or the fundamental law of the land.

This word is used in contradistinction to the common law. Statutes acquire their force from the time of their passage, unless otherwise provided. Statutes are of several kinds; namely, Public or private. Declaratory or remedial. Temporary or perpetual. A temporary statute is one which is limited in its duration at the time of its enactment. It continues in force until the time of its limitation has expired, unless sooner repealed. A perpetual statute is one for the continuance of which there is no limited time, although it may not be expressly declared to be so. If, however, a statute which did not itself contain any limitation is to be governed by another which is temporary only, the former will also be temporary and dependent upon the existence of the latter.[2]

Before a statute becomes "codified") within publications called codes, such as the United States Code. In many nations statutory law is distinguished from and subordinate to constitutional law.

Contents

  • Alternative meanings 1
    • International law 1.1
    • Autonomy Statute 1.2
  • Religious statutes 2
    • Biblical terminology 2.1
    • Dharma 2.2
  • See also 3
  • References 4
  • External links 5

Alternative meanings

International law

The term statute is also used to refer to an International treaty that establishes an institution, such as the Statute of the European Central Bank, a protocol to the international courts as well, such as the Statute of the International Court of Justice and the Rome Statute of the International Criminal Court. Statute is also another word for law. The term was adapted from England in about the 18th century.

Autonomy Statute

In the

Religious statutes

Biblical terminology

In biblical terminology, statute (Hebrew chok) refers to a law given without any reason or justification. The classic example is the statute regarding the Red Heifer.

The opposite of a chok is a mishpat, a law given for a specified reason, e.g. the Sabbath laws, which were given because "God created the world in six days, but on the seventh day He rested". (Genesis 2:2-3)

Dharma

That which upholds, supports or maintains the regulatory order of the universe meaning the Law or Natural Law. This is a concept of central importance in Indian philosophy and religion.

See also

References

  1. ^ a b c
  2. ^ Bouvier Law Dictionary, Revised Sixth Edition, 1856

External links

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