Practicing Success
Practicing Success
CUET Preparation Today
| Which of the following is the feature of " Common Law System"? |
The decisions, orders and judgments developed by the judges becomes binding precedents for all subordinate courts in the hierarchy. Under this system only the legislature or executive has the power to create laws and rules. Both 1 and 2 None of the above |
| The decisions, orders and judgments developed by the judges becomes binding precedents for all subordinate courts in the hierarchy. |
| Taking its precedence from the British tradition of 'common law', India has adopted a similar model. Under this scheme of the common law system, the decisions, orders and judgments developed by the judges in India help in the creation and development of laws and legal principles, which becomes binding precedents for all subordinate courts in the hierarchy. Therefore, courts play a vital role in creating laws, especially where gaps in law exist, and the legislature or executive have failed to enact laws. Thus, apart from administering civil and criminal justice, courts and judges serve a vital function in the federal set up of the country. Opposed to this model, is a concept of civil law system followed in countries such as Germany, Russia, and Continental Europe. The main difference between common and civil law is with respect to the source of law. Under common law, judiciary can make laws through judicial decisions of courts; however under civil law, only the legislature or executive has the power to create laws and rules. This salient feature of Indian judiciary in following a common law model further strengthens the role of courts in India. |
