Ordinary law
Encyclopedia
An ordinary law is a normal law
, generally distinguished from a constitutional law
, organic law
, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions. (For example, the Constitutional Court of Spain
has ruled that Spain's Organic Laws
are not hierarchically superior to ordinary laws, but simply apply to different matters.) Ordinary laws often govern areas beyond the scope of constitutional or organic laws.
Normally, in a democracy, an ordinary law must first obtain a simple majority
of a congress
, parliament
, or other legislature, and then be signed into law by the representative of executive power
. The process leading to a legislative vote may vary vastly from one jurisdiction to another: the process may be initiated by either house of a bicameral legislature or from the sole house of a unicameral legislature; from the head of government
or head of state
; or by popular initiative
. Different jurisdictions may allow ordinary laws to be proposed by one or all of these means, and may have restrictions on which body may take the initiative for certain types of laws (for example, in some bicameral systems, tax-related laws must begin in the lower chamber of the legislature). In some jurisdictions, the legislature has a means to override an executive veto
by a supermajority
, or the voting populace have the means to override a law by a referendum
.
Under federal
systems, ordinary laws may be created at the level of a sovereign state
but also by its constituent components: for example, by states of the United States or autonomous communities
of Spain
.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, generally distinguished from a constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
, organic law
Organic law
An organic or fundamental law is a law or system of laws which forms the foundation of a government, corporation or other organization's body of rules. A constitution is a particular form of organic law for a sovereign state....
, or other similar law. Typically, ordinary laws are subordinate to constitutional and organic laws, and are more easily changed than constitutional or organic laws, though that should not be assumed to be the case in all jurisdictions. (For example, the Constitutional Court of Spain
Constitutional Court of Spain
thumb|300px|The [[Domenico Scarlatti]] Building located in [[Madrid]], seat of the Constitutional Court of Justice of Spain.The Constitutional Court of Spain is the highest judicial body with the power to determine the constitutionality of acts and statutes of the Spanish Government. It is...
has ruled that Spain's Organic Laws
Organic Law (Spain)
An Organic Law in Spanish law under the present Spanish Constitution of 1978 must be passed by an absolute majority of the Congress of Deputies...
are not hierarchically superior to ordinary laws, but simply apply to different matters.) Ordinary laws often govern areas beyond the scope of constitutional or organic laws.
Normally, in a democracy, an ordinary law must first obtain a simple majority
Majority
A majority is a subset of a group consisting of more than half of its members. This can be compared to a plurality, which is a subset larger than any other subset; i.e. a plurality is not necessarily a majority as the largest subset may consist of less than half the group's population...
of a congress
Congress
A congress is a formal meeting of the representatives of different nations, constituent states, independent organizations , or groups....
, parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
, or other legislature, and then be signed into law by the representative of executive power
Executive Power
Executive Power is Vince Flynn's fifth novel, and the fourth to feature Mitch Rapp, an American agent that works for the CIA as an operative for a covert counter terrorism unit called the "Orion Team."-Plot summary:...
. The process leading to a legislative vote may vary vastly from one jurisdiction to another: the process may be initiated by either house of a bicameral legislature or from the sole house of a unicameral legislature; from the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
or head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
; or by popular initiative
Initiative
In political science, an initiative is a means by which a petition signed by a certain minimum number of registered voters can force a public vote...
. Different jurisdictions may allow ordinary laws to be proposed by one or all of these means, and may have restrictions on which body may take the initiative for certain types of laws (for example, in some bicameral systems, tax-related laws must begin in the lower chamber of the legislature). In some jurisdictions, the legislature has a means to override an executive veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
by a supermajority
Supermajority
A supermajority or a qualified majority is a requirement for a proposal to gain a specified level or type of support which exceeds a simple majority . In some jurisdictions, for example, parliamentary procedure requires that any action that may alter the rights of the minority has a supermajority...
, or the voting populace have the means to override a law by a referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
.
Under federal
Federalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
systems, ordinary laws may be created at the level of a sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
but also by its constituent components: for example, by states of the United States or autonomous communities
Autonomous communities of Spain
An autonomous community In other languages of Spain:*Catalan/Valencian .*Galician .*Basque . The second article of the constitution recognizes the rights of "nationalities and regions" to self-government and declares the "indissoluble unity of the Spanish nation".Political power in Spain is...
of Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
.