CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
Which of the following is a recognised advantage of legislation over judicial precedent as a source of law?
A recognised advantage of legislation is that it can be enacted in advance, in a planned and systematic form, and can deliberately amend or repeal existing law. Precedent develops only as disputes arise, and legislation remains open to constitutional challenge.
- AIt develops only through decided cases
- BIt can be enacted in advance and amend or repeal existing law deliberatelyCorrect
- CIt is always more flexible than case law
- DIt can never be challenged before courts
Explanation
Legislation can lay down general rules prospectively, in a planned and systematic way, and can change or repeal existing law directly. Precedent grows only as cases arise. Legislation is not immune from challenge, since courts can test it against the Constitution, and it is generally less flexible than case law.
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