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Differentiate between Statute law and judicial precedent.

      

Differentiate between Statute law and judicial precedent.

  

Answers


Maurice
Statute law is law made by parliament directly.
(i) It creates new law where none existed or amends existing law.

(ii) It creates rules to regulate future conduct.

(iii) It is formal and supreme over unwritten law.

Judicial precedent or stare decisis or caselaw is a system of administration of justice whereby previous decisions are relied upon in subsequent similar cases.

(i) The ratio decidendi of an earlier decision is relied upon in a subsequent similar case.

(ii) It does not always create new law.

(iii) It is based on reasoning and is unwritten.

(iv) It is subordinate to statute law.
maurice.mutuku answered the question on April 28, 2018 at 08:54


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