What is the difference between legislation and precedent?

A legislation is general and comprehensive. A precedent has none of those merits. A statute can make rules for the future cases which may arise, in other words, a statute can be laid down law beforehand. A Precedent can lay down a rule when a case comes before it.

Is legislation superior to precedent according to analytical jurists?

Analytical jurists as Austin and Bentham contend that legislation is always superior to precedent. A statute is made after due deliberation and not in the haste in which a judge disposes his cases. Other grounds have also been given in support of the superiority of statute.

What is legislation precedent?

A judicial precedent is a decision of the Court used as a source for future decision making. Meaning : A precedent is a statement of law found in decision of a Superior Court. Though law making is the work of the legislature, Judges make law through the precedent.

What are the advantage of legislation over precedent?

Legislation can make rules in anticipation for cases that have not as yet arisen, whereas precedent must wait for the occurrence of some dispute before the court can create any definite rule of law. Precedent is dependent on, and legislation is independent of, the accidental course of legislation.

What is meant by legislation distinguish between supreme and subordinate legislation?

Supreme legislation is that which proceeds from the sovereign power in the State. It cannot be repealed, annulled or controlled by any other legislative authority On the other hand; subordinate legislation is that which proceeds from any authority other than the sovereign power.

What is the relationship between legislation and case law?

Common law or case law is law as declared by judges. Legislation is the primary source of law today and all cases start with interpreting the legislation as made by Commonwealth and the States. There are a few notable exceptions to this rule that are common law jurisdictions.

What do you mean by the term precedent What is the role played by precedent in the Indian judiciary?

Meaning of precedent: a precedent is an event or an action that has occurred earlier and acts as a guide for similar situations. According to Bentham precedents are judge made laws. Any particular precedent establishes a principle or a rule that is followed while taking similar decisions.

What is meant by precedent and discuss the various kinds of precedents?

Original precedents are responsible for the creation of new laws. A persuasive precedent is a type of precedent where the judge is not required to follow the precedent in a legal matter but will take the precedent heavily into consideration.

Why is legislation the most important source of law?

Legislation is a powerful source of law. In principle it binds the whole society. Courts are institutions that apply the law on daily basis. Judges and magistrates, like all lawyers consult legislation and rules of common law and custom applying to the particular case before them.

What is precedent in jurisprudence?

Last Updated on 4 years by Admin LB Precedent means judgment or decision of a court of law cited as an authority for the legal principle embodied in it. The doctrine of precedent which is also known as stare decisis, i.e. stand by the decision, is based on the principle that like cases should be decided alike.

Is legislation superior source of law or precedent?

It is entirely a controversial topic that whether legislation is superior source of law or the precedent. The analytical jurists claim the superiority of legislation whereas other jurists claim otherwise.

What is the difference between a law and a precedent?

In precedent, rules and principles are laid down by inductive method. In legislation, the deductive method is resorted to. The courts take the rules from the statute and apply it to particular cases. Legislation has abrogative power also.

When does a precedent lay down a rule?

A Precedent can lay down a rule when a case comes before it. Thus, its emergence depends on litigation. The very aim of the legislation is to make law. The main purpose of the precedent is to interpret and to apply the law. For the most part, the operation of legislation is perspective though it may be retrospective also if it so chooses.

What is the difference between the deductive method and precedent law?

In legislation, the deductive method is resorted to. The courts take the rules from the statute and apply it to particular cases. Legislation has abrogative power also. It not only created law but it can abrogate an existing law, existing in whatever form- statute, precedent or custom. Precedent is only constitutive.

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