Legal Definitions - jus dare

Jus dare is a Latin term that translates to "to give the law" or "to make the law." It refers to the fundamental power and responsibility of a legislative body to create, enact, and modify legal rules, statutes, and regulations that govern a society or a specific jurisdiction. This function is distinct from interpreting existing laws (which is typically the role of the judiciary) or enforcing them (which is the role of the executive branch).

Essentially, when a government entity is engaged in the act of establishing new legal principles or changing existing ones, it is performing the function of jus dare.

• Example 1: National Legislature Enacting a New Tax Law

  Imagine a country's parliament or congress debating and ultimately passing a comprehensive new law that revises the national income tax structure, introducing new brackets and deductions. This action is a clear illustration of jus dare. The legislative body is actively "making" or "giving" new legal rules that will dictate how citizens and businesses are taxed, thereby creating new legal obligations and financial frameworks for the entire nation.

• Example 2: State Assembly Creating Environmental Regulations

  Consider a state legislative assembly that passes a bill establishing strict new regulations on industrial emissions to combat air pollution. Prior to this law, such specific limits might not have existed. By enacting this legislation, the state assembly is exercising jus dare. They are creating new legal standards and requirements that industries within the state must now adhere to, effectively "making" new environmental law.

• Example 3: City Council Implementing a New Public Safety Ordinance

  A city council votes to approve a new ordinance that prohibits the use of certain types of fireworks within city limits, citing public safety concerns. This decision by the city council demonstrates jus dare at a local level. The council is "making" a new law specific to its municipality, establishing a new legal restriction that residents must follow, thereby creating a new legal framework for public safety within the city.