1. Custom implies continued observance of certain principle by persons or group of persons for a long time. Time is no consideration; declaration of sovereign command is legislation.
Custom is de-facto while legislation is de-jure.
Legislation set the relation between state and its subject, custom regulate relations among subject inter se.
For legislation existence of state is essential, custom does not need such agency.
ADVERTISEMENTS:
Custom is the chief of characteristic of primitive society while legislation is a modern concept.