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Which of the following is not the distinction between legislation and precedent ?
The very aim of the legislation is to make law. The main purpose of the precedent is to interpret and to apply the law.
For the most part, the operation of legislation is prospective though it may be retrospective also if it so chooses. The operation of precedent is mostly of a retrospective nature. The rules laid down in a decision operate from the date of the transaction which is the subject of the dispute
Both (a) and (b)
None of these
Correct option 4: Both a and b
Both options (a) and (b) accurately describe the key distinctions between legislation and precedent:
Legislation creates law:
Legislation is the process of enacting new laws by a legislative body. It establishes the rules that govern behavior.
Precedent interprets and applies law:
Precedent is created by court decisions. It interprets existing laws and applies them to specific cases, thus clarifying how the law should be applied in similar situations.
Prospective vs. Retrospective:
Legislation is generally prospective, meaning it applies to actions taken after the law is enacted. However, it can sometimes be retrospective, meaning it applies to actions that occurred before the law was passed. Precedent is almost always retrospective, as it operates from the date of the transaction in the case that established it.
Therefore, since both options (a) and (b) correctly describe the distinctions between legislation and precedent, option (4) is incorrect.
By: Parvesh Mehta ProfileResourcesReport error
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