In What Respect Legislation Is Superior To Precedent?


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Hassan Raza answered
Legislation has abrogative power; it cannot only generate law but can also alter or eliminate it, if such a need arises. Precedent cannot go back over a course it has taken. Legal change cannot carry out with out legislation. Legislation divides the two functions of making the law and of it. Precedent unites these two functions. Division of functions essentially gives rise to competence.

Formal declaration of a law by the Legislature has got to survive the test of an understanding of the text of the same by the courts of justice. Notice of alterations in the obtainable law or foreword of new law by the Legislature is given to the public before hand and thus the necessities of natural justice that laws shall be known before they are imposed so as to fore-warn and fore-prepare the people are pleased. A judicial decision is given all at once and very often gives the litigants sudden surprise.

Legislation can make, by keenness, rules for such cases as have not yet arisen. Precedent must, though, wait for the incidence of some argument before it can form any definite rule of law and a point of law must stay disturbed until by chance the very point arises for its strength of mind at a future period.

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