Legislation
Legislation is a formal declaration of law by a governing body, Legislations are generally made before a case happens.
Precedent
Precedent is the use of new standards of law by courts. Precedent is made in response to an incident. Precedent can help ensure that similar cases are decided consistently, which promotes stability and predictability in the legal system. However, precedents can only change when a case comes to court.
Advantages of Legislation over Precedent. These are
(i) Declaration: Legislation is published before it is enforced, while precedent is enforced as soon as a decision is made.
(ii) Authority: Legislation is enacted and enforced by the state and has an authoritative force on courts.
(iii) Abrogative force: Legislation can amend or annul existing laws.
(iv) Division of work: Legislation separates the law-making and law-managing processes.
(v) Legislation not only acts a source of law, but it also has the power to create new laws and change or repeal already existing ones. Contrarily, precedent cannot override the current laws, even though it sometimes results in laws that are in some respect better than legislation.
No comments:
Post a Comment