With reference to the nature and classification of law, differentiate between Statute law and judicial precedent
ANSWER
Statute law
- Statute law is law made 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
- Judicial precedent or stare decisis or caselaw is a system of administration of justice whereprevious 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.