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Legislation vs. Precedent What's the Difference? Legislation and precedent are two fundamental sources of law that shape the legal system. Legislation refers to laws that are enacted by legislative bodies, such as parliaments or congresses, and are written down in statutes or codes.
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BetaThe field of legislation is vast. It can fill up the vacancy. Whenever a defect of lacuna is seen, legislation comes into play. Legislation is complete, certain and systematic. It assumes the form of abstract propositions. Salmond says: – “Statute law is coin of the realm ready for immediate use… Legislation is a Latin word. Legis + Lation.
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BetaComparison between Legislation and 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. It not only created law but it can abrogate an existing law, existing in whatever…
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BetaThis document discusses the key differences between legislation, precedent, and custom as sources of law. Legislation establishes rules through a deductive process, has the power to abrogate existing laws, and can enact comprehensive rules for future cases. Precedent establishes rules inductively by interpreting cases, cannot abrogate existing laws, and can only rule on cases that come before ...
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BetaLegislation, the product of formal legal enactment, provides a codified and systematic approach to law-making, reflecting the contemporary values and legislative intent of a society. Precedent, or stare decisis, imparts stability and predictability to the legal system by adhering to established judicial decisions.
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BetaDifference Between Legislation and Precedents Legislation has its source in the law-making, and it came by the will of the state, Whereas Precedents have their source in Judicial decision or Judgement or Decree. Legislation is imposed by the legislature but Precedents are Created by themself.
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BetaAs a source of law, legislation is considered the most important. By looking at the various differences between legislation, custom, and precedent, we can safely conclude that legislation is the most powerful and thus carries the most authority. The codification of laws makes them easier for both citizens and foreigners to understand.
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BetaNoun () An act in the past which may be used as an example to help decide the outcome of similar instances in the future. * Hooker ; Examples for cases can but direct as precedents only. (legal) A decided case which is cited or used as an example to justify a judgment in a subsequent case.
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BetaThe difference between legislation and precedent are as follows: Legislation: Precedent: 1. It is the result of the inductive method applied by the Legislature or other authorities to enact laws. It is generally deduced from the facts and circumstance of each case. 2.
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Beta3. Legislation denotes formal declaration of law by the legislature whereas precedents are recognition and application of new principles of law by courts in the administration of justice. 4. Legislation is enacted before a case arises but the precedent comes into existence only after the case has arisen and taken for decision of the court. 5.
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