Define Statute law and discuss its advantages
Statute law is a law made by parliament directly in exercise of legislative power conferred upon it by the constitution. For example Judicature Act, Kadhis Court Act, Companies Act. Statute law is recognized as a source of Law in Kenya by Sec. 3 (I) (c) of the Judicature Act.
Advantages of statute law
- Democratic in nature: parliamentary law making is the most democratic approach tolegislation. This is because parliament is composed of elected representative of the people hence statute law is a manifestation of the wishes of the people.
- Uniformity: Statute law applies indiscriminately, it regulates the conduct of all personsirrespective of their racial, religious and political background.
- Dynamic: statute law enables the society to keep pace with changes in other fields forexample economic, social or political by enacting statutes, parliament provides the necessary regulatory framework.
- Resolution of legal problems: statute law enables society through parliament to resolvelegal problems as and when they arise by enacting new statutes or amending those in existence. Parliament does this when the legal problem manifests itself.
- General application: statute law consists of general principles applicable at different timesand circumstances.
- Publicity: it widely published in that it attracts media attention and must be published in theKenya Gazette, as a Bill and as law.
- Supreme Source of Law: