What is the difference between legislation and judicial precedent?

Laws are laid down by statutes or legislation from parliamentary bodies and judicial decisions by the superior Courts of record. Judicial decisions over time form precedents which are captured in Law Reports.

What is a disadvantage of judicial precedent?

Disadvantages of judicial precedent o Rigid – a rule can remain in place for a long time, even if it is outdated, as change requires a case to come to a higher appeal courts before new rule can come about. o Retrospective effect – precedent has to be backward looking in the case that sets the precedent.

What are advantages and disadvantages of precedents?

When every case receives similar outcomes are predictable. The rules and principles developed under this system create more flexibility within the judicial system as well. It does not always save the time and labour of judges but also secures predictability, certainty, and uniformity in the application of law.

What are advantages of legislation?

Legislation makes a positive contribution to employee relationships and increases employees’ sense of fairness and trust in their employer. Ultimately it can also have a positive impact in supporting strategic HR and business goals.

What is the greatest disadvantage of legislation?

1) Certain legislation abridges the rights of individuals and are referred to Judicial Review. 2) It results in the amendment to the constitution and leads to conflict between legislature and judiciary.

What do you mean by judicial legislation?

Judicial legislation means new legal rules made by judges. It means the power of the judicature to make rules for the regulation of their own procedure by adopting their delegated legislative powers. Judicial legislation varies from precedent whereby judges create new laws.

What is the advantage of judiciary?

Power to get its Decisions and Judgements enforced: The judiciary has the power not only to deliver judgements and decide disputes, but also to get these enforced. It can direct the executive to carry out its decisions.

What are the advantages and disadvantages of stare decisis principle?

The advantage of the doctrine of precedent is that it provides certainty and predictability. The disadvantage, however, is that stare decisis can result in a lack of flexibility and an inability of the common law to adapt to changing moral, socio- economic, and political realities resulting in a static body of law.

What is a judicial legislation?

Judicial legislation is defined as the move of a court to step in to craft missing parts, to fill in the gaps in laws, or when it oversteps its discretional boundaries and goes beyond the law to coin doctrines or principles which are not previously established.

What are the advantages and disadvantages of precedent?

Time saving: Precedent is seen to be a useful time saving device, where a principle has been established cases with similar facts are likely to go through the expensive lengthy process of the courts. Disadvantages

What role does precedent play in judicial decision making?

A judicial precedent is a decision of the court used as a source for future decision making. This is known as stare decisis (to stand upon decisions) and by which precedents are authoritative and binding and must be followed.

Does the judge have to follow Court precedent?

First, judges must follow the precedent cases. If they do not, then it is impossible to predict what the law is. The second is that with hundreds of cases being decided every day, it is hard to keep up with the relevant decision.

What is the difference between stare decisis and precedent?

The doctrine of stare decisis means that courts look to past, similar issues to guide their decisions. The past decisions are known as precedent. Precedent is a legal principle or rule that is created by a court decision. This decision becomes an example, or authority, for judges deciding similar issues later.