CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
A State legislature enacts a statute and the High Court applies it to decide a dispute. Under the classification of sources, the statute is best described as which of the following?
A statute enacted by a legislature is an authoritative or formal source of law. Courts are bound to apply it and have no discretion to disregard it, unlike persuasive sources such as foreign judgments or academic writings, which merely guide judges without binding them.
- AA material source of historical nature
- BAn authoritative (formal) source of lawCorrect
- CA persuasive source only
- DA literary source
Explanation
Legislation is an authoritative source: courts must apply it and cannot refuse to do so. Persuasive sources, such as foreign judgments or writings of jurists, only guide the court and are not binding. Calling a statute persuasive therefore misdescribes its binding nature.
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