10 Differences Between Legislation and Judicial Precedent with Table

10 Differences Between Legislation and Judicial Precedent with Table

Differences Between Legislation and Judicial Precedent

  1. What are the differences between legislation and precedent?
  2. Differentiate between legislation and judicial precedent. Discuss
  3. Distinguish between legislation and precedent. Discuss 
  4. How legislation and judicial precedent are different from each other? Discuss


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
Anish Kumar Tiwari

I am Anish Kumar Tiwari, founder of this blog. I can write very well on any topics and I like to share information on different topics through my blog. Thank you for visiting my blog.

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