What is the Difference Between Statute and Law

The main difference between statute and law is that the statute is the written form of a law passed by a legislative body wherein, the law is the system of rules and regulations in a country to be followed by its citizens. Therefore, statute/statutory law is a part of the general term law.

The legislature passes a law through statutes, constitutions, acts, and other forms of legal documents. The statute is one such legal document that documents the law as formulated by the legislative body of a certain city/state or country.

Key Areas Covered

1. What is Statute 
     – Definition, Nature, Content
2. What is Law
     – Definition, Nature, Content 
3. What is the Relationship Between Statute and Law
     – Outline of Common Features
4. What is the Difference Between Statute and Law
     – Comparison of Key Differences

Key Terms

Administration, Government, Law, Legislature, Rule, Statute

What is a Statute

A statute (also referred to as statutory law) is the written form of law as passed by a legislative body of a country. Therefore, it is a formal written enactment of the law passed by the legislature, which is the body that has been granted the power by a constitution to enact legislation or laws. Hence, a statute contains the rules made by the legislative bodies of a city, state or country.

Initially, the statute comes as a bill proposed by a legislator, and if both houses of the legislature approve the bill, then the chief executive officer (the President or the governor) sign it. It is only after this that the bill or the law is documented in the government gazette to be enacted. The provisions in this bill are known as statutes. Thus, term statute signifies the fact that a certain bill is elevated to a level of a new law by the legislature. Therefore, the term statute is also used for law since it ensures the enactment of the law via documentation.

These statutes are drawn under codes. Statutes are generally published in the government gazette, which is afterwards distributed among the general public, making them aware. Also, this emphasizes the fact that statutes should be well understood by every citizen since it explains the enactment of a law in the country/state.

Likewise, statute basically declares a policy that commands or prohibits something. When it is published in the government gazette, anyone can find the newly enacted statutes under the statutory law. Moreover, statutes differ from other laws such as constitution and case laws. Also, the local statues are known as ordinances, and there are also several types of statutes such as public statutes, and private statutes.

What is Law

Law refers to the system of rules and regulations, formulated and enforced by the administrative authority of a society/country with the intention of regulating human behavior for the common good. Hence, law comprises of rules and regulations for the citizens. Most significantly, the law is ensured by the imposing of penalties and punishments for those who violate these rules and regulations.

Law is enforced by the administrative body or the ruling party or the government of the country. This government represent the needs and wants of all general public; therefore, they frame laws that aim at providing a fair, just and convenient life for everyone in the country. Thus, the law regulates and ensures that the citizens adhere to the will of the state.

Moreover, law influences every field of a society such as its history, politics, economics, and customs while also serving as a mediator of relations between the citizens as well as between several countries. Laws come into being in various manners such as through statutes, decrees, acts, treaties, charters, etc. There are also several branches of law such as constitutional and administrative law, civil law, criminal law, tort law, international law, etc.

Furthermore, the law differs from state to state, country to country as well as from organization to organization according to the needs of the members. However, laws such as international law, international criminal law, etc. are laws that are common to all countries in the world.

Relationship Between Statute and Law

• Law is documented and passed through statutes. Statutory law is a part of the umbrella term law.
• Moreover, the statue is also used as another term for law sometimes, since statutes ensure the enactment of a certain law.

Difference Between Statute and Law

Definition

The statute is a legal document of a legislature/law that declares, proscribes, or commands something; a specific law, expressed in writing. On the other hand, the law is the system of rules and regulations, formulated and enforced by the administrative authority of a society/country with the intention of regulating human behavior for the common good. Thus, this is the main difference between statute and law.

Nature

Another difference between statute and law is that the statute is a legal document whereas law is the system of ruling.

Content

The statute contains the law in its written form while law contains all the rules and regulation of the country. Law also has several branches such as constitutional law, administrative law, domestic law, civil law, common law, international law, criminal law, martial law, tort law, etc.

Structure

The statutes are drawn together and organized under subjects that are known as codes. On the other hand, the law is a system of rules; they can be documented in various legal documents such as statutes, decrees, charters, and, acts. Hence, this is another difference between statute and law.

Purpose

Their purpose is also a difference between statute and law. The purpose of a statute is to document the law after passing it by the legislative body so that it can be accessed by the general public of the country as well. On the other hand, the purpose of the law is to maintain law and order of the country and to ensure that every citizen adheres to the will of the state/government.

Conclusion

A statute is an essential term under the subject of law since statute refers to the written law passed by a legislative body. Similarly, the law is the umbrella term that includes all these types of laws, and law, therefore, refers to the system of rules and regulations in a country to be followed by its citizens. Therefore, in several situations, the term statute is also used to refer to the law. This is the difference between statute and law.

Reference:

1. “Statute.” The Free Dictionary, Farlex, Available here.
2. “Statute.” Wikipedia, Wikimedia Foundation, 18 Nov. 2018, Available here.
3. “Law.” Wikipedia, Wikimedia Foundation, 4 Feb. 2019, Available here.

Image Courtesy:

1. “GDL Statute” By Wojsyl – Own work (CC BY-SA 3.0) via Commons Wikimedia
2. “The Ceylon Government Gazette front page” By The Ceylon Government Gazette (The Sri Lanka Gazette) –  (Public Domain) via Commons Wikimedia
3. “law-8” By Cal Injury Lawyer (Public domain) via Flickr
4. “1063249” (CC0) via Pixabay