Distribution Of Legislative Powers Under Indian And Australian Constitutions: A Comparative Study

Akash Mishra, LLB, Shree L.R Tiwari College of Law

ABSTRACT:

Legislative power refers to the authority and ability to make laws within a particular political system. It is one of the three fundamental powers of government, along with executive power and judicial power. The legislative power is vested in a legislative body or institution, such as a parliament, congress, or assembly, depending on the specific political system.

The legislative power is responsible for the formulation, enactment, amendment, and repeal of laws. This involves discussing, debating, and voting on proposed legislation, as well as overseeing the legislative process itself. Legislators, who are typically elected representatives of the people, play a crucial role in shaping and enacting laws that reflect the needs and values of the society they serve.

Constitution refers to a set of fundamental principles and rules that define the structure, powers, and functions of a government or organization. It serves as a supreme legal document that establishes the framework for governance, outlines the rights and responsibilities of citizens, and sets limits on the exercise of power. The constitution typically outlines the basic political system, the organization and powers of the branches of government (such as the executive, legislative, and judicial branches), and the relationship between the government and the citizens. It provides a framework for how laws are made, how leaders are chosen, and how decisions are made within the political system.

Constitutions can be written or unwritten, depending on the country or organization. A written constitution is a formal document that is usually codified and explicitly lays out the governing principles. Examples include the United States Constitution, the Indian Constitution, and the Australian Constitution. On the other hand, an unwritten constitution relies on a combination of legal precedents, statutes, and conventions to define the governance structure. The United Kingdom is an example of a country with an unwritten constitution.