Legislation vs Regulation: Difference and Comparison

The law can be defined as a system of rules created or enforced with the help of social or government institutions. These are made to regulate behaviour, for the system’s proper functioning, and for justice.

The laws apply to its people through legislation or customs/policies and are recognized by the judicial. While we are talking about laws, two major words pop up. Legislation and regulation.

Key Takeaways

1. The legislation refers to making laws by the legislative body of a country or state, while regulation pertains to implementing those laws by regulatory agencies.
2. The legislative body can create, amend or repeal laws, while regulatory agencies are authorized to interpret and enforce them.
3. Legislation is a broader term encompassing all laws, including regulations, while regulation is a specific type of law dealing with controlling or directing certain activities.

Legislation vs Regulation

Legislation refers to the process by which a legislative body, such as a parliament, creates laws; it outlines the basic framework and purpose of the law. Regulation refers to the rules and guidelines developed by government agencies to implement and enforce laws; it also provides specific details and instructions on how the law will be enforced.

The term legislation means the formation/preparation and enacting of laws by local, state, or national legislatures. It may have many purposes. Be it for authorization, providing funds, granting permission, etc.

Regulation is a management system, you may say. A system that works according to the given set of rules and laws. It is a government-driven or ministerial order having the force of law.

Comparison Table

Parameters of Comparison	Legislation	Regulation
Definition	It can be defined as the act of making or enacting laws.	It may be defined as regulating a law, rule, or order the authority prescribes.
Head of State	The head of state may propose legislation.	Regulations are not interfered with by the head of state. Rather they are enforced by regulators.
Generation	Legislations are generated within a country’s government.	Regulations are either generated externally or internally about the situations.
Proposal	It is a directive proposed by a legislative body	The regulating authority makes regulations. It is a specific requirement needed within the legislation.
Types	Legislations are of two types. Supreme legislation and subordinate legislation.	The two most common forms of regulation are government regulation and self-regulation.
Bill Formation	Legislations need to be passed and debated before it becomes law.	Regulations are made to implement a given law. It doesn’t have to go through the billing process.

What is the Legislation?

The word legislation comprises two words “Legis”, meaning law and “latum”, meaning ‘to making’. It means lawmaking. It also refers to the laws made by the legislature. You may consider it as a formal declaration of legal rules.

This includes all sources of law and any acts to alter the law.

For example, you may consider in case of a judicial decision when a judge introduces a new principle in a judicial system. It is possible to say that he had used legislative powers, which also may be considered legislation.

Legislations, in general, are passed as laws by a parliament of the country or some legislative arm of the country. Once the legislation is passed, it ought to be regulated.

This is done by government bodies to work out various ways that need to be introduced for its proper functioning. Legislations can be colonial subordinate, judicial, municipal, environmental, etc.

But what’s the purpose of the legislation?

Its functions are- to regulate, authorise, prescribe, for granted, or maybe restrict or repeal.

The legislation is of two types-

1. Supreme Legislation– The sovereign power of the state or country does this. Any other legislative authority cannot, in any case, repeal or control this legislation.
2. Subordinate Legislation– Legislation by an authority other than the Supreme authority in the state. These are subjects to parliamentary control.  

What is Regulation?

Regulation can be defined as a certain process for monitoring and enforcement of the law. You may understand it in this way. If legislation is like a destination, regulation is how we reach there.

Legislations are just the laws that have been passed. But to ensure its proper working, the regulation comes into action.

One confusion that arises here is that regulation is also the document’s name which contains details like a description of rules and acts.

In industry, regulations specify the particular formal rules that ought to be followed by organizations and workers.

The most common forms of regulation are –

1. Government Regulation– it is the natural extension of legislation. It can control some ways a business, etc., should operate to follow laws.
2. Self-regulation is when a business or individual controls how it meets the legislative requirements.

Main Differences Between Legislation and Regulation

1. The main difference between legislation and regulation lies in the definition. When the law is made and supposed to come into action, it is called legislation. On the other hand, how the laws need to be adopted and followed, the rules and methods regarding this is called regulation.
2. Making legislation takes time and is monitored by the head of the state. Regarding regulations, the head of the state has nothing to do. Instead, it is looked upon by the regulators.
3. Legislations before becoming law are known as bills. Members of the legislature debate them before becoming law. Regulation, on the other hand, is just a set of rules that the regulator’s coin. They don’t have to pass through a long process.
4. Legislations are proposed by the members of the legislature or by the executive. The legislators have the power to interpret legislation. The regulatory bodies make regulations for the proper implementation of a given law. So, they are a specific requirement within the legislation.
5. The legislation is broader and a more general concept, while regulations are specific and provide details about implementation.

References

1. https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/mlr111&section=17
2. http://ijasrm.com/wp-content/uploads/2019/06/IJASRM_V4S5_1526_75_81.pdf

Last Updated : 13 July, 2023