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Advantages of Statutes Law
1. Democratic: Parliamentary law making is the most democratic legislative process. This is because parliaments the world over consist of representatives of the people they consult regularly. Statute Law, therefore, is a manifestation of the will of the people.
2. Resolution of legal problems: Statute Law enables society to resolve legal problems as
and when they arise by enacting new statutes or effecting amendments to existing Law.
3. Dynamic: Statute Law enables society to keep pace with changes in other fields e.g. political, social or economic. Parliament enacts statutes to create the necessary policies and the regulatory framework.
4. Durability: Statute Law consists of general principles applicable at different times in
different circumstances. It has capacity to accommodate changes without requiring amendments.
5. Consistency/Uniformity: Statute Law applies indiscriminately i.e. it regulates the
conduct of all in the same manner and any exceptions affect all.
6. Adequate publication: Compared to other sources of Law, statute Law is the most widely published in that it must be published in the Kenya Gazette as a bill and as a Law. Additionally, it attracts media attention.
Disadvantages of Statute Law
1. Imposition of Law: Statute Law may be imposed on the people by the dominant classes in society. In such a case, the Law does not reflect the wishes of the citizens nor does it cater for their interests.
2. Wishes of M.Ps: Statute Law may at times manifest the wishes and aspirations of M.Ps as opposed to those of the citizenry.
3. Formalities: Parliamentary Law making is tied to the Constitution and the National Assembly standing orders. The Law making process is slow and therefore unresponsive to urgent needs.
4. Bulk and technical Bills: Since parliament is not made up of experts in all fields, bulky and technical Bills rarely receive sufficient treatment in the national assembly, their full implications are not appreciated at the debating stage.
NatalieR answered the question on May 10, 2022 at 11:12
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