The Doctrine Of Precedent And The Legislation

976 WordsJun 3, 20164 Pages
I.INTRODUCTION There are two primarily source of law nowadays: the doctrine of precedent and the legislation. The distinction between two of them is the origin where the law come from and how laws are created. The doctrine of precedent, is considered as the hallmark of the common law, is the procedure whereby the judicial decision of the court at the higher level of the judicial hierarchy is bind and follow by the lower court within the hierarchy. Therefore, the doctrine of precedent is the law made by judge. Whereas the statutory or the legislation is the source of law that come from the enactment of the parliaments. This essay concurs with Justice Kirby’s statement that with the increasing in number and importance of the statute law, the precedent has less impact on daily legal basis base on the following presumption that “the legislation is the cornerstone of modern legal system”. Nowadays both daily life and legal practice build up an orbit around the statute law, as the increasing of executive power intervention in the social and economy activities by legislate the regulations. When the statute enacts, its also form the network which involve many organizations in many level of the society. Moreover, it has influence legal practitioner to shift their approach to the law. Lastly, the increasing of significance international law is related to the reduction of significance of precedent. II.THE ORBIT AROUND STATUTE LAW The legislation or the statute law as aforementioned
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