Legislation vs. Litigation — What's the Difference?

Legislation refers to the process by which laws are conceived, drafted, debated, and ultimately enacted by a governing body, such as a parliament or congress. It is a proactive measure aimed at regulating, authorizing, prohibiting, or providing frameworks for various activities within a jurisdiction. Whereas litigation is the act of taking legal action or resolving disputes through the court system, typically initiated by a plaintiff against a defendant, and is a reactive measure in response to perceived legal wrongs or to enforce rights.

While legislation is carried out by legislative bodies composed of elected or appointed officials who represent the populace, it involves the creation and amendment of laws that govern society as a whole. On the other hand, litigation is conducted within the judicial branch by judges, juries, and legal professionals, focusing on the application and interpretation of existing laws to specific cases and conflicts between parties.

The process of legislation often involves extensive research, public consultation, and debate among lawmakers, and can be a lengthy process aimed at addressing public needs, social issues, or changes in societal norms. Litigation, however, is typically a more adversarial process where parties in dispute present their cases, and a judge or jury makes a determination based on the evidence and legal arguments, which can also be time-consuming and complex.

Legislation can result in the creation of new laws, the amendment of existing laws, or the repeal of outdated laws, impacting society at large by setting standards and guidelines for behavior and interactions. Litigation, in contrast, often results in a legal judgment or settlement that resolves the specific dispute at hand, with potential implications for future legal interpretations and case law, but primarily affecting the parties involved.

The purpose of legislation is to establish a legal framework that guides behavior, maintains order, and protects the rights and freedoms of individuals within a society. Litigation serves to resolve disputes within the confines of the existing legal framework, ensuring that laws are applied fairly and justice is served in individual cases.