Distinction between Statute law and judicial precedent.

  • Statute law is law made by parliament directly.
  • It creates new law where none existed or amends existing law.
  • It creates rules to regulate future conduct.
  • 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.
  • The ratio decidendi of an earlier decision is relied upon in a subsequent similar case.
  • It does not always create new law.
  • It is based on reasoning and is unwritten.
  • It is subordinate to statute law.
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