Statutory law is established by a legislative act that is signed by the executive. The primary distinction between common law and statutory law is that common law is founded on previous judicial decisions, whereas statutory law is founded on current statutes (written laws). Statutory laws include traffic regulations such as driving with a suspended license, drug laws such as those governing drug possession, and so on.
Statutory law, as opposed to common law, is codified and includes collated legislation passed at the local, state, or federal levels. Statutory law, often known as civil law, is stringent in its application, which means it is not subject to the same interpretation as common law. To put it another way, a statute means exactly what it states.
Statutes, on the other hand, can be overturned or amended if a later legislative body finds them unlawful. Some laws are even scheduled to expire every few years. If the law is still needed after it expires, it can be revived. In this sense, statutory law is adaptable so that it remains relevant and reasonable to the individuals it was intended to protect or regulate.
What are the three types of statutory law?
See all notes Statutory law within a legal regime can have three forms: (1) written formal law, (2) communal law, and (3) non-public law.
What are the statutory law principles?
The following are the main rules of statutory interpretation:
(1) An Act must be construed as a whole in order to avoid internal inconsistencies.
(2) Words that are only reasonably capable of one interpretation must be given that meaning regardless of the outcome. This is known as the literal rule.
Can judges defy statutory law?
A statute cannot be changed or repealed by the judiciary. Judicial review has a more limited scope: it allows a court to refuse to enforce a statute and to restrain the administration from enforcing it.
