Superiority between Legislation and Precedent

Statutory law is a different kind of law than Precedent. Statutory laws are made by Parliament and are interpreted by judges. On the other h...

Precedent and statutory law

Statutory law is a different kind of law than Precedent. Statutory laws are made by Parliament and are interpreted by judges. On the other hand, Precedent laws come into existence by the descision of judges. However, whether the precedent is better than the statutory or statutory is superior than the  precedent is a controversial question.

I will discuss the differences between precedent and statutory law. I hope you will be able to judge the superiority between the two.

Superiority between Legislation and Precedent

Legislation has been considered an important source in the modern world. Legislation is the issuance of legal rules and regulations by the appropriate authority. In a broad sense, all forms of law-making involve in legislation. But the law made by the legislature in the subtle sense or in the real sense is called law making. The law enacted in this way is called enacted law or statutory law.

On the other hand, Case law or Precedent means, "previous events or lawsuits which may be taken as examples of the rules for the next case.

These two sources are quite important. A comparison between them shows that both have advantages and drawbacks. They are as follows:

Firstly, enacted laws are not the only source of new laws; Rather, it can amend or repeal existing laws. But the precedent has only a constructive role, the conventional law and the clear and compelling precedent cannot be changed by any precedent. The law enacted as such is considered as a means of law reform. The precedent is not inflexible everywhere. In cases where the court is able to change its own decision, the law can be made and repealed by precedent.

Secondly, two authorities are involved in the enactment of the law. The legislature makes laws and the courts interpret and enforce those laws.

Thirdly, in all cases where the enacted law is applicable, the enacted law has to be declared before it is created. There must be an opportunity to know before the law comes into force. This condition of normal justice is met in the case of enacted laws.

On the other hand, the law created in the case of a pre-decision or precedent is immediately applied.

Fourthly, in the case of enacted laws, the rules and regulations may be indicated by analyzing the possible aspects of the situation on the basis of conjecture for future application. But in the case of Preceden, the rules are prescribed only when the case is actually raised in the court. If any defect in the enacted law is observed, the legislature can rectify it in the form of amendment. 

However, the court may also impose rules in the light of realities for the purpose of establishing justice. Laws made in this way are complete. But the law of precedent or precedent decision is basically incomplete, uncertain and unstructured.

Fifthly, enacted laws are considered superior to previous decisions or precedents. It is generally considered to be concise, clear and straightforward, but the provision of precedents is hidden in the documents of the growing case and in the report when reported. These are not easy to know.



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Money Gelt - The Blog of Law: Superiority between Legislation and Precedent
Superiority between Legislation and Precedent
Money Gelt - The Blog of Law
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