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Constitutional law sets forth the limitations of government, and ensures the inalienable rights of human beings. It is the only law that free men and women are obligated to follow. Statutory law establishes unconstitutional restrictions and illegal government control on people who don't realize that they only have to follow these laws because they fail to enact their constitutional rights. Statutory law also forces otherwise wise men and women to comply in order to take many jobs, or to conduct what should by rights be free trade.

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14y ago
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14y ago

Statutory law is law on the books as written by a legislature, case law is based on precedents from past court cases. For instance the Constitution does not allow for legal abortions but case law of roe v wade does.

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14y ago

Legislation is an act passed by a Parliament or legislature. Case law is the law that accumulates as a result of court decisions.

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15y ago

Statutory law is that law that is written, approved and codified by a legislative body.

Case law is what the last judge thought the law meant.

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Q: What is the difference between case law and legislation?
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In the US legal system, indeed all common law systems, there are 2 basic forms of the law. There is statute and then there is common law. Common law is "judge made law" which is based on the doctrine of stare decisis. Legislation leads to statute, which is passed by a governing body and is controlling as law itself. However, statute still depends upon judicial interpretation.


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