Which of the following could be considered as the advantages of legislation over precedent?
- Abrogative power
- Foreknowledge
- Prospective application
- Systematic arrangement
Select the correct answer, using the codes given below:
-
1, 2, 3 and 4
-
2 and 3
-
1, 2 and 4
-
1, 2 and 3
A
Correct answer
Explanation
The chief advantages of legislation over precedent are the following:
- Legislation is both constitutive and abrogative whereas precedent merely possesses constitutive efficacy.
- Justice demands that laws should be known before they are applied and enforced by the law courts.
- Legislation can make rules in anticipation for cases that have not as yet arisen, whereas precedent must wait for the occurrence of some dispute before the court can create any definite rule of law.
- Legislation is superior in form; brief, clear, easily accessible and understandable.