Tên: Nguyễn Phúc Thịnh

MSSV: K215011057
Đề: What is(are) the difference between a statutory and judge made rule of law ?

Statutory law often used interchangeably with the term Civil Law
Judge made law (Case Law, case-law,…) often used interchangeably with the term Common Law

Basic for comparsion Statutory law Judge made law

meaning A set of rules of conduct
recorded or prescribed in a
certain written form
promulgated by a competent
state agency in the correct
order and authority at a
specified time.
Based on statutory law is based on the
statutes enacted and imposed
by the legislative body of the
country.
Operational level statutory law is substantive in
nature, in the sense that it
states the rights and duties of
the citizens, along with
punishment for non-
compliance of rules.
A judge-made law is a law
rooted in a judiciary decision,
where no constitution and laws
exist to resolve the dispute
Recorded judicial precedent.
Meaning that the judges will
take into account the relevant
facts and evidences of the case
but also look for prior decisions
made by the court in similar
cases in the past
judge made law is a procedural
law, such that it comprises the
set of rules that regulates the
court proceedings in various
lawsuit.

Statutory law is more powerful than the judge made law, as the former can overrule or modify the
latter. Therefore, in case of any contradiction between the two, statutory law may prevail. Statutory
law is nothing but the legislation made by the government bodies or parliament. Conversely, judge
made law is the one that arises out of the decisions made by the judges in the court of justice