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15 Differences between Legislation and Precedent

15 Differences between Legislation and Precedent are as follows:

Legislation

  1. Generally, the statute law is brief, clear, easily accessible and knowable.
  2. It can be understood by an ordinary educated person.
  3. Ignorantia facti doth excusat; Ignorantia juris non excusat” (Ignorance of fact is an excuse, but ignorance of law is no excuse.) this maxim is concerned with all the people.
  4. Legislation is a new source of law. At the same time, it has a unique feature, that it can abolish any law or laws which are out-dated. This abrogative power is most advantageous than the other sources of law.
  5. It allows division of labor. Therefore it increases efficiency. It is one of the advantages of legislation.
  6. It only makes the law. Making of the law is the only function. It does not enforce the law.
  7. What is the purpose of legislation? | Ask.com

    Image Source: cx.aos.ask.com/question/aq/1400px-788px/what-is-the-purpose-of-legislation_dc610df8-fddb-4012-82f0-ae1663b75cdd.jpg

    The statues are made by a separate branch of Executives on the instructions of Cabinet of Ministers at centre and states.

  8. The statute declares certain acts as wrongs and punishable before the commission of the acts to which it applies. It is the advantage of legislation.
  9. Anticipation is the advantage of legislation. It foresees the consequences of certain wrongs.
  10. The field of legislation is vast. It can fill up the vacancy. Whenever a defect of lacuna is seen, legislation comes into play.
  11. Legislation is complete, certain and systematic.
  12. It assumes the form of abstract propositions.
  13. Salmond says: – “Statute law is coin of the realm ready for immediate use…
  14. Legislation is a Latin word. Legis + Lation. Legis = law; Lation = make. It is “Litra scripta” i.e. it is embodied in an authoritative form of written words.
  15. Law is codified.

Precedent

  1. Case law is very minute, complex and not easy to understand.
  2. It can be understood only by lawyers, judges and jurisprudents.
  3. Ignorance of precedent is not concerned with the ordinary person. Precedent is concerned only by lawyers, judges and jurisprudents.
  4. Precedent has only constitutive efficiency. It produces a very good law. Its operation is irreversible. It cannot go back upon its footsteps.
  5. It interprets the minutest points of man’s thoughts and applies it.
  6. It makes the law and enforces it.
  7. It is only judge-made law.
  8. First a wrong act was occurred. Thereafter the Court interpreters its character, circumstances. Case-law operates retrospectively.
  9. Anticipation is quite inconsistent with precedent. The term ‘precedent’ itself denotes seeing back.
  10. Concerning precedent, there must be a problem remained ‘unsettled’.
  11. Case law is incomplete, uncertain and unsystematic.
  12. It is merged in the concrete details of the actual cases.
  13. While case law is gold in the mine- a few grains of the precious metal to the ton of useless matter.”
  14. The duty of Court is to interpret the “letter of the law”. Case-law has no letter of the law itself.
  15. The precedents are compiled in journals only.
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