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The Impact Of Precedents In Statutory Interpretation: A Comparative Study

The Impact Of Precedents In Statutory Interpretation: A Comparative Study Of Common Law And Civil Law Jurisdictions




Mohd Nabeel Hussain, Jamia Millia Islamia

ABSTRACT

This comparative study investigates the impact of precedents in statutory interpretation, specifically examining the differences between common law and civil law jurisdictions. The research explores the nature of precedents in these legal systems, analyzing their hierarchical structure and the development of binding precedents. Additionally, it delves into the role of binding precedents in shaping statutory interpretation. By highlighting the similarities and differences between the two approaches, this study provides valuable insights into the legal systems' reliance on precedents and their effects on statutory interpretation.

Keywords: precedents, statutory interpretation, common law, civil law, binding precedents, hierarchical structure, legal systems.

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Indian Journal of Law and Legal Research

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Abbreviation: IJLLR

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ISSN: 2582-8878

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Website: www.ijllr.com

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Accessibility: Open Access

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License: Creative Commons 4.0

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Submit Manuscript: Click here

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Licensing: ​

 

All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

Disclaimer:

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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