Abstract

We may sharpen our understanding of legislation by juxtaposing it with other types of legal act. John Gardner attempts to differentiate legislation from legal rulings – an unusual juxtaposition in itself – and his claims about the difference are surprising. Legal rulings are legally binding pronouncements issued by judges – eg ‘A owes B $50 in compensation’. The article queries the analysis advanced by Gardner and endorsed by other accounts. It instead offers an alternative distinction, and in so doing seeks to clarify what legislation is by what it is not.