Answer :

Answer:

Advantages of Legislation -

1) Legislation is the best and most reliable source of law

2) Statutory law is rigid and applicable irrespective of the crime

3) The modern States give more importance to the legislation.

4) Legislation makes new law to the society.

5) By legislation, social control is possible

Disadvantages of Legislation -

1) Certain legislation abridges the rights of individuals and are referred to Judicial Review.

2) It results in the amendment to the constitution and leads to conflict between legislature and judiciary.

3) No scope for judicial discretion -

The judge has to apply the law as it is, and has to follow it. The law is taken as it is. Sometimes it results into injustice because of other factors such as social, economic and other circumstances are also to be considered while deciding the case by the judge. On the other hand Precedent allows a judge to give the decision on the merit of the case, without being rigidity tied down to watertight rules of the enactment.

See... Kinds of Precedent

4) Rigidity-

Statutes are extremely rigid and have little scope for selective application; this causes injustice in extreme cases.

5) Lack of clarity -

It is often said that statute laws are often worded in confusing language, certain loopholes are oftenly seen. It gives scope for many suspectable meaning. Numbers of errors and omissions are committed while connecting the law, which makes a little sense to a common man. Whereas the Precedent is always found it clear and simple word.

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