Lawmaking is the process of crafting
legislation
Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred ...
.
In its purest sense, it is the basis of
governance
Governance is the overall complex system or framework of Process, processes, functions, structures, Social norm, rules, Law, laws and Norms (sociology), norms born out of the Interpersonal relationship, relationships, Social interaction, intera ...
.
Lawmaking in modern
democracies
Democracy (from , ''dēmos'' 'people' and ''kratos'' 'rule') is a form of government in which political power is vested in the people or the population of a state. Under a minimalist definition of democracy, rulers are elected through competitiv ...
is the work of
legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
s, which exist at the local, regional, and national levels and make such laws as are appropriate to their level, and binding over those under their jurisdictions. These bodies are influenced by
lobbyists,
pressure group
Advocacy groups, also known as lobby groups, interest groups, special interest groups, pressure groups, or public associations, use various forms of advocacy or lobbying to influence public opinion and ultimately public policy. They play an impor ...
s, sometimes partisan considerations, but ultimately by the voters who elected them and to which they are responsible, if the system is working as intended. Even the expenditure of governmental funds is an aspect of lawmaking, as in most jurisdictions the
budget
A budget is a calculation plan, usually but not always financial plan, financial, for a defined accounting period, period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including tim ...
is a matter of
law
Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...
.
In
dictatorships and
absolute monarchies the leader can make law essentially by the stroke of a pen, one of the main objections to such an arrangement. However, a seemingly-analogous event can occur even in a democracy where the
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
can make
executive order
In the United States, an executive order is a directive by the president of the United States that manages operations of the federal government. The legal or constitutional basis for executive orders has multiple sources. Article Two of the ...
s which have the force of law. In some instance, even regulations issued by executive departments can have the force of law.
Libertarian
Libertarianism (from ; or from ) is a political philosophy that holds freedom, personal sovereignty, and liberty as primary values. Many libertarians believe that the concept of freedom is in accord with the Non-Aggression Principle, according ...
s, in particular, are known for denouncing such actions as being anti-democratic, but they have become such a salient feature of modern governance that it is hard to picture a system in which they no longer exist, because it is hard to picture the time involved in every regulation being debated prior to becoming law. That, say libertarians, is precisely the point: if such executive orders and regulations do not stand up to legislative scrutiny, they should never be implemented. In response to this, limits on regulatory authority have been made legislatively, and libertarians still contend for, if not the abolition of executive orders altogether, then their automatic
sunset
Sunset (or sundown) is the disappearance of the Sun at the end of the Sun path, below the horizon of the Earth (or any other astronomical object in the Solar System) due to its Earth's rotation, rotation. As viewed from everywhere on Earth, it ...
after a fixed period if not legislatively reviewed and confirmed; this policy has been adopted in some jurisdictions.
References
External links
{{law
Legislative legal terminology