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Major Difference between Common Law and Statutory Law Major Difference between Common Law and Statutory Law

Bronze medal Reporter Adv Sanu Posted 5 Nov 2019
Major Difference between Common Law and Statutory Law

Law can be comprehended as the collection of rules, built up by the proper power and received by the nation as decides and rules that administer the activities of its individuals that can be tried by the inconvenience of punishments. There are two kinds of laws that are embraced in numerous nations, specifically precedent-based law and statutory law. The precedent-based law suggests the law that rises up out of new choices made by the judges, courts, and councils. A rule is only the officially composed act that communicates the desire of the law-making body. It is the announcement or order made by the law which must be pursued or restricts a game-plan or oversees the conduct of individuals. The statutory law envelops the standards for directing the general public and is made thinking about future cases.

Then again, the statutory law implies a formal written law that the assembly receives as a resolution. The fundamental contrast among normal and statutory law lies in the manner the two legitimate frameworks are made, the power that sets down the demonstrations and their importance. The judges alluded to the cases that occurred in the past to land at a choice, called as the point of reference which is perceived and upheld in future decisions rendered by the court. In this way, when the comparable case is accounted for, later on, the court needs to give a similar judgment that is followed in the past case. Sometimes, the judgment made by the court turns out as another law that is considered in consequent court choices.

Common law or also called case law is a lawful framework where the choice made by the judges in the past structures as a reason for comparable cases in the future. Then again, statutory law is an officially composed law built up by an authoritative body and manages the conduct of the individuals. the custom-based law trains, what choice ought to be rendered in a specific case. Interestingly, the statutory law endorses the best administering guidelines of the general public.

To summarize the discourse, statutory law is more dominant than the common law, as the previous can overrule or adjust the last mentioned. In this manner, if there should be an occurrence of any inconsistency between the two, statutory laws may prevail. Statutory law is only the enactment made by the administration bodies or parliament. On the other hand, common law is the one that emerges out of the choices made by the judges in the court of justice.


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