Questions:
- What are the differences between legislation and precedent?
- Differentiate between legislation and judicial precedent. Discuss
- Distinguish between legislation and precedent. Discuss
- How legislation and judicial precedent are different from each other? Discuss
Answer:
The differences between legislation and judicial precedent have been listed below:
| S.N. | Legislation | Precedent |
|---|---|---|
| 1 | Legislation is a body of rules made by legislature parliament. | Precedent is a body of legal principles laid down by superior court. |
| 2 | Legislation is the outcome of civil legal system. | Precedent is the outcome of common legal system. |
| 3 | Legislation has the power to abrogate any law, be it statute or precedent. | Precedents has the power to declare law to be void if it violates the provisions of the Constitution. |
| 4 | Legislation is clear, concise, and codified. This makes it easier to understand and follow. | Precedents are not easily understood by everyone as one has to go through the entire case law in order to identify the precedent. |
| 5 | Legislation makes rules by anticipating the requirements of society. | Precedents make rules only when a case arises before the courts. |
| 6 | Legislation is mostly prospective and can be retrospective at times if it so chooses. | Precedents are retrospective in nature. |
| 7 | Legislation can override precedent. | Precedent cannot override legislation. |
| 8 | Legislation is clearly declared from which date it is applied. | Precedent is applied from that date on which it is declared. |
| 9 | Legislation is easily understandable by everyone. | Precedent is not easily understandable by everyone. |
| 10 | Example: Environment Protection Act, 2076 | Example: Surya Prasad Sharma Dhungel v. Godavari Marble Industries |