International Foundation for Electoral Systems
Who interprets and enforces statutes?
Statutes are interpreted by the judiciary and enforced by the executive (i.e., the police and the
prosecutors). In some cases, a special enforcement authority is authorized by law for a specific field of
law. An example of a special authority is that usually created for election law – the EMB or election
complaints commission that is usually created for election matters. These bodies usually have the
authority to deal with any administrative violations of election regulations and offenses under the
election law. They can also refer any offense arising in the election process that appears to be a criminal
offense to the state prosecutors.
How are they changed?
A statute may be amended by the same process as it is first
enacted. That is, a law that amends an existing statute is itself a
statute and goes through the same process through the
legislature as a bill. In most countries, statutes are subject to
challenge in the courts relating to their constitutionality (i.e.,
whether they deal with a subject permitted by the constitution or
conflict with the constitution, or a statute of a higher level
legislature as per Figure 1 above). In some countries, they may be
challenged on the basis that they were not properly enacted or
were not subjected to the prescribed process for enactment. For
example, some countries have a requirement that certain types of
bills go through a public hearing stage, and if this does not
happen, the validity of the statute can be challenged.
Conflicts between Laws or Legal
Provisions
A law or legal enactment of a
lower level that conflicts with
one of a level above is deemed
to be invalid (ultra vires) to the
extent of the conflict. This
process is essential to prevent
overlaps and clashes between
and among laws. Whether there
is conflict will be determined by
a court.
Why do they have more authority than the form of law one step down?
Statutes are enacted by a legislature of elected representatives, and the authority of a statute is derived
from the constitution or founding document of a state. At lower levels in the hierarchy, the rule-making
body may be made up of appointed members (for example, an EMB).
What determines whether a subject will be legislated at a national level or at a sub-national level?
The constitution of a nation usually defines the governance structure, the different levels of government
and the subjects or fields of law they may legislate. Some issues, such as national finance and taxation,
foreign relations, defense, citizenship, customs and duties and international trade are always governed
and legislated at the national level. Other matters, such as local government, local commerce, domestic
relations, and local taxes are often dealt with at a sub-national level. Issues such as agriculture,
transportation and the environment may be dealt with at both levels. Most countries have a national
criminal law, although the U.S. has both federal and state criminal codes. Election law in a federal nation is
generally dealt with by federal law for the election of federal bodies and by state law for the election of
state bodies. In the U.S., the administration of elections for the national Congress is governed by the laws
of each state. Issues such as voter registration, time of voting and ballot design differ from state to state.
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