Question

Elaborate the aspects of Legislation as a source of Law.
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Answer 1

Answer:

Precedent and Legislation

The legislation has its source in the process of law which is basically enacted and enforced by the State while the precedent has its origin in ancient and historic judicial pronouncements.

Legislation has an authoritative force on courts by the assembly. However, precedents are made by the courts themselves.

Legislation signifies formal declaration of law by the governing body though precedents are acknowledgement and use of new standards of law by courts in the administration of equity, justice and good conscience.

Legislation is ordered before a case emerges. However, the precedent appears simply after the case has developed and taken for the choice of the court.

Legislation is basically of an exhaustive structure while the extent of legal precedent is restricted to comparable cases as it were.

Legislation is commonly and generally forthcoming while precedent is retrospective in nature.

Legislation is announced or distributed before it is brought into power, on the other hand, precedent comes into power on the double, i.e. when the choice is articulated.

Legislation is finished with the goal of the lawmaking process yet it isn’t so on account of the precedent. The precedent which incorporates ratio decidendi and obiter dicta are expected to settle a particular contest on the purpose of law once for all.

It isn’t hard for people, in general, to realise the law instituted by lawmaking body yet the precedent dependent on the case law isn’t effectively known to the general population. Now and again, the attorneys who manage law are themselves oblivious about the current case-law. Therefore it makes a precedent of an ambiguous nature.

Legislation includes law-production by deductive strategy while case-law is made by resorting to an inductive technique.