Question:
1. What are the differences between legislation and custom?
2. Differentiate between legislation and custom.
3. Distinguish between legislation and custom.
4. How legislation and custom are different from each other? Discuss.
Answer:
The differences between legislation and custom have been described below with table:
| S.N. | Legislation | Custom |
|---|---|---|
| 1 | Definition: a. Salmond: - Legislation is a type of legal source in which a competent authority declares norms. b. Gray: - Legislation is the official statements of the society's legislative organs. |
Definition: a. Austin: - A custom is a system of rules of behavior that the governed follow without prompting and in accordance with a law enacted by a political superior. b. Salmond: - Custom embodies those ideals that have risen to the topof the national consciousness as notionsof justice and public benefit. |
| 2 | Legislation is de-jure. | Custom is de-facto. |
| 3 | Legislation establishes the relationship between the state and its subjects. | Custom regulates subject-to-subject relationships. |
| 4 | The existence of a state is required for legislation. | The existence of a state is not required. |
| 5 | Legislation is a characteristic of a modern concept. | Primitive society's most distinguishing feature is custom. |
| 6 | A theoretical principle gives riseto legislation. | Customary laws grow out of practise and long existence in the society. |
| 7 | Legislation is complete, precise, written in form and easily accessible. | Customary laws are mostly unwritten and non-scripted; thus, it is very difficult to trace. |
| 8 | Legislation results out of the deliberations. | Customs grow within thesociety and passes fromgeneration to generation. |
| 9 | Example: Education Act, 2075 | Examples: Close bloo d marriage in Gurung and Magar. |