Legislation

Precedent

Abrogative power

Constitutive efficacy

Reversible

Irreversible if it is rigidly followed.

Divides the function of making law in the hands of different bodies.

Unites the functions of making law and deciding disputes in the hands of the judiciary.

It is created before it is applied to any act (except in the case of statutes with retrospective effect).

It is created only by applying and enforcing it. However, the decision in R v. Manley, 1933 which revived the infraction of public mischief is, in a way, an exception to nulla poena sine lege.

It anticipates situations which could arise.

It deals with situations only after they arise.

It is clear and accessible.

The facts of cases merge so completely with law that it isn’t easy to access the law.

Interpreting statutes primarily requires interpreting the meaning of the letter of the law.

Interpreting case law primarily involves interpreting legal principles and ideas – the spirit of the law.

Repealing is prospective and the statute still applies to matters which arise before it has been repealed.

Overruling is retrospective except in the case of matters which are res judicata, settled accounts and things which happen during the time when the law is held not to be valid.