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How Does the Legislature Create Statute Law?

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  • Written By: Renee Booker
  • Edited By: E. E. Hubbard
  • Last Modified Date: 27 October 2016
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In many jurisdictions throughout the world, a legislative body is responsible for creating and enacting the statutory law of the country. Statutory law is the area that deals with statutes, not "statute law." Although jurisdictions may vary somewhat with regard to how statutory law is created and implemented, in most jurisdictions, it is very similar. The legislative body within the government must first draft the statute and present it for review to the entire legislature. The legislation will then debate and vote on the statute law. Once it has passed the legislature, a statute may need to receive presidential approval or pass an additional hurdle, such as a constitutionality review, before it becomes law.

In most jurisdictions with a legislative branch, statutory law must first obtain approval from the entire legislature. In most countries, the legislature is composed of two branches, as in the United States. In France, the National Assembly and Senate make up the two branches of parliament, while England's parliament is comprised of the House of Lords and the House of Commons. Although the process for approval of a law may vary slightly, both branches must ultimately vote to approve the legislation.

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In jurisdictions where statutory law is used, the legislature begins the process by drafting and introducing a proposed law for consideration. In the United States, for example, a member of either the House of Representatives or the Senate may introduce a prospective law for review by his or her peers in the respective branch. The law is then debated, and any changes made, before a vote by the full House or Senate. Once the prospective law has been approved by the branch where it was introduced, it is then passed on to the other branch for review and consideration.

Once a statute law has been approved by the respective branches of the legislature, the law may need to be approved by the President or another governmental body. In France, for example, a prospective law must be reviewed by the Constitutional Council to make sure the law complies with the provisions of the country's Constitution. In the United States, a law which has been approved by the legislature is then sent to the President for review and consideration. If the President approves the legislation, then it becomes a law. If, on the other hand, the President vetoes the prospective law, then it returns to the legislature where the legislature can override the Presidential veto by a two-thirds vote by the entire legislature and still become a law.

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