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Source: http://www.diffen.com/difference/Civil_Law_vs_Criminal_Law
3. Introduce precedent and ordinance. How are they regarded as the source of
law? Write in your answer.
Precedent: Precedents are principles or rule established in a previous legal case that is either
binding on or persuasive for a court or other tribunal when deciding subsequent cases with
similar issues or facts. These are termed as Najeer (glh/) in Nepali. These are the past decisions
made by the Supreme Court to provide any victims with justice.
Ordinance: It is the law made by council of minister when either the law made by parliament is
inactive or the parliament itself is absent. It is active/effective when the Head of State certifies
the ordinance and is published in Rajpatra. It is effective until the law is made by the parliament.
The ordinance brought up by council of minister during the absence of parliament should be
presented in parliament within two months after the parliament resumes and accordingly the law
related to it shall be made by parliament.
Both Precedent and Ordinance are regarded as the source of law. Let us take an example in
Nepals case. The case of Sabina Damai versus Dolakha District Administration Office was
one of the most historic precedent by Supreme Court of Nepal in 2011, which later changed the
way people get their citizenship. Even the changes were made in constitution regarding the
citizenship in the name of mother. Also talking about the Ordinance, we can take an example of
Nepal itself. The date was 19 November 2010; lawmakers of Communist Party of Nepal (Maoist-
Centre) (then United Communist Party of Nepal (Maoist)) prevented then The Finance Minister,
Mr. Surendra Pandey, from presenting the budget at House of Representative. And after that
incident, Government of Nepal decided to recommend the President to end the budget session
and introduce the budget for fiscal year 2010/2011 through an Ordinance, which later was
presented in the house and was passed after the house was resumed. Budget is also a law, which
guides the government for expenditure and income throughout any fiscal year. Therefore, the
ordinance was the source of the law (Budget) in this scenario.