The difference between legislation and custom are tabulated below PDF

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Note on legislation and custom...

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The difference between legislation and custom are tabulated below: S.N . 1.

Legislation Definition: a. Salmond: - Legislation is a

Custom Definition: a. Austin: - A custom is a

type of legal source in

system of rules of

which a competent

behavior that the

authority declares norms.

governed follow without prompting and in

b. Gray: - Legislation is the official statements of the

accordance with a law

society's legislative

enacted by a political

organs.

superior. b. Salmond: - Custom embodies those ideals that have risen to the top of the national consciousness as notions of justice and public

Legislation is de-jure. Legislation establishes the

benefit. Custom is de-facto. Custom regulates subject-to-

relationship between the state

subject relationships.

4.

and its subjects. The existence of a state is

The existence of a state is not

5.

required for legislation. Legislation is a characteristic of

required. Primitive society's most

a modern concept.

distinguishing feature is

A theoretical principle gives rise

custom. Customary laws grow out of

to legislation.

practise and long existence in

Legislation is complete, precise,

the society. Customary laws are mostly

written in form and easily

unwritten and non-scripted;

accessible.

thus, it is very difficult to

2. 3.

6.

7.

trace.

8.

Legislation results out of the

Customs

deliberations.

society

grow and

within passes

generation to generation.

the from...