Effects Of The Rule Of Law

Effects Of The Rule Of Law
Public Law Essay: 1422047
Introduction
In the Following I will be explaining the effects on The Rule of Law in the UK if they are to withdraw from the EU Convention on human rights and
repeals the human rights act 1998 and replaces both with the UK Bill of rights.
I am going to give a brief overlook on what the impact on the rule of law in the UK will be. I am also going into depth as to whether or not
sovereignty effective in the UK is effective and whether society should still be entitles to the vote.
After an understanding of the Rule of law and sovereignty has been built there will be more information on the rule of law and what it currently stands
for.
After this process we will the look into the separation of powers and establish how this may prevent any dictatorship and corrupt ruling throughout the
UK if we Where leave the EU conventions and implement the UK bill of rights.
Impact on the rule of law
The impact on the rule of Law if the UK repeals the human rights act 1998 and withdraws from the European convention on human rights and replaces
both with the UK bill of rights is not likely to make a great amount of impact on society in the light of human rights some may argue. But being a
part of the EU convention allows decisions of other countries to have an impact on the way the UK is run. Where the UK bill of rights is considered
to be unique to the country. The same as a specific bill of rights would be unique to the land it is implemented elsewhere.
Is
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A CRITICAL ANALYSIS OF THE
DOCTRINE OF LEGAL PRECEDENTS
ADITI GHOSH
2ND Yr. LL.B. (HONS.) INTELLECTUAL PROPERTY LAW
RAJIV GANDHI SCHOOL OF INTELLECTUAL PROPERTY LAW
IIT KHARAGPUR
15 August 2011
Table of Contents INTRODUCTION1 WHAT IS MEANT BY APRECEDENT?2 TYPES OF PRECEDENTS2 Original precedent2 Authoritative or
Binding precedent2 Persuasive precedent3 THE DOCTRINE OF STARE DECISIS?3 HOW RELEVANT IS THE IDEA OF JUDICIAL
PRECEDENTS?6 WHAT IS THE BINDING ELEMENT OF A CASE?7 WHY SHOULD WE FOLLOW PRECEDENTS IN DECIDING CASES?7
CIRCUMSTANCES WEAKENING AND STRENGTHENING THE AUTHORITY OF A PRECEDENT9 ADVANTAGES AND DISADVANTAGES
OF THE DOCTRINE OF JUDICIAL PRECEDENTS11 CONCLUSION13
INTRODUCTION:
Judicial methods are...show more content...
These cases could be cases that are decided by lower courts, or courts equivalent in the hierarchy or in some exceptional circumstances, cases of other
nations, judicial bodies of the world etc.
Once a persuasive precedent has been adopted by a higher court it becomes a binding precedent for all the lower courts that time onwards.
THE DOCTRINE OF STARE DECISIS?
"Stare decisis" is an abbreviation of the Latin phrase "stare decisis et non quieta movere" which translates as "to stand by decisions that are already
settled and not to disturb those settled matters". And "Stare decisis" literally means "to stand by decided matters".
Stare decisis is a policy adopted by the court to stand by a precedent. The word "decisis" means 'the decision'. Under the doctrine of stare decisis, the
decision of the court for a case is only what is important and not the real facts and proceedings of the case. In other words it is the 'what' of a case
which is important and not the 'how' and 'why'.

The principle of stare decisis can be divided into two components or principles:
The first is the rule that a decision made by a higher court is binding precedent which a lower court cannot overturn.
The second is the principle that a court should not overturn its own precedents unless there is a strong reason to do so and should be guided by
principles from lateral and lower courts. The second principle is an advisory one which courts can and does occasionally ignore.
Basically, under the

The Rule of Law Essay
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of
various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and
content of the rule of law differ quite widely depending on the socio–political perspective and views of respective commentators (Slapper and Kelly,
2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on
the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one. The rule of law Modern...show more
content...
Slapper and Kelly postulate that: "the 'rule of law' represents a symbolic ideal against which the proponents of widely divergent political persuasions
measures and criticise the shortcomings of contemporary State practice." (Slapper and Kelly, 2009, p15) These commentators concede that the
concept 'lacks precision' and that its meaning changes over time. Noted legal philosopher Joseph Raz accepted the necessity for State intervention in
society and suggests that the rule of law is essentially a means of controlling, limiting and shaping the exercise of discretion in this intervention,
rather than seeking to abolish it entirely (Raz, 1977, p195). Raz clearly appreciated the risks associated with the arbitrary and uncontrolled exercise
of discretionary power and envisaged the principle of the rule of law as the primary safeguard against that threat. Many other writers appear to share
the opinion expressed by Raz that the raison d'ГЄtre of the rule of law is to control the exercise of discretion, including Dicey, Hayek and Thompson,
and to a lesser extent Unger and Weber. Dicey, for example, in his highly influential magnum opus, An Introduction to the Study of the Law of the
Constitution, suggested that the rule of law is composed of three distinct and specific, but indivisible elements (Dicey, 1885, p179–201). These are: 1.
An absence of arbitrary power in the hands of the State; 2. The supremacy of ordinary

Essay about Contract Law
Contract Law A contract, by definition, is an agreement by two or more parties, which is intended to be legally binding and supported by consideration.
All contracts must have these three elements present for it to qualify as a proper contract in the eyes of the law: offer and acceptance, consideration,
and intent to create legal relations. First, we will examine the first part of what constitutes a contract, the offer and acceptance. An offer is a statement
said from the offeror to the offeree stating that he would like to formulate a contract between the two parties. The offer must include something
specific, and which has value, either monetary or otherwise between the parties. An offer must...show more content...
An agreement is not enforceable unless the parties intended it to be legally binding. For contracts to be binding, they must adhere to this rule. This is
because contracts are very serious business, and one must not go into them fool heartedly. There are however presumptions regarding this element.
First, it is understood that domestic agreements cannot have intent to create legal relations, unless expressively said. Families are an institution and
they must be kept sacred and not be bothered with the legalities of court proceedings. There are however some exceptions to this rule. For instance,
the case of Merritt vs. Merritt shows that there could be intention if both parties expressively showed it. Since the husband signed the paper that
contained the terms of the contract, this was deemed to be legal, and thus a contract between the two was formed. This was done when the husband
signed the paper promising what he had said. It is also understood that in a commercial agreement, the intent is automatic. This is evident in the case
of Carlill vs. Carbolic Smoke Ball Co. In an advertisement, Carbolic Smoke Ball Co. stated that if anyone caught the common cold after buy and
using the smoke balls as directed, they would give 100 Г‚ВЈ. The company then deposited 1,000 Г‚ВЈ in a bank to show their seriousness. Carlill used
the product and was not cured, then sued the company. The company's

common law and equity Essay
Equity is frequently referred to as a supplement to the common law. Cruzon defines Equity as a system of law developed by the court of chancery in
parallel with the common law. It was designed to complement it, providing remedies for situations that were unavailable at Law. Because of this,
Equity provided a dimension of flexibility and justice that was often times lacking because of the common law's rigidity. This rigidity stems from the
fact that, while courts sometimes altered their jurisdictions and procedures, the fundamental premises and noticeable forms of the common law went
largely unchanged between the 13th and 19th centuries.
The common law was regarded as a birthright for all Englishmen; however, as the Crown continued to...show more content...
Little by little the chancery developed into its own court of law.
In the 14th century, bills complaining of interference with the common law were passed on to the chancery. It was a convenient clearing–house for all
types of business in this regard. By 1400 people simply went straight to the chancellor. The Chancellor gained popularity due to the fact that as the
saying went, "no deserving plaintiff would be sent out of the chancery without a remedy." (J.H.Baker. An Introduction to English Legal History, pg.
117) One possible remedy, as Baker describes, was a new form of the original writ. The bill would then be sent on to parliament for a legislative
solution. However, many times the remedy was "ad hoc," arising from the special facts of that particular case. It was in these instances that the
chancery issued decrees that only applied to the parties in the suit.
At first these decrees were made in the King's name, and then they were by the court in the presence of judges, sergeants, councilors, and advisors.
However, later, around the time of the 15th century, the chancellor began to issue decrees in his own name. In making these decrees, the chancellors
did not regard themselves as administering a law any different from the common law of England. Rather, they saw themselves reinforcing the existing
law, protecting

Social Work Law Essay
Social Work Law
This assignment involves a case study where Ralph, a fourteen year old boy, is currently in foster care because his mother; Kerry, felt she was
unable to control him due to his behaviour. However, Kerry has now expressed that she is unhappy with this foster placement and has requested that
her son be returned to live with her and his two younger brothers. The scenario becomes more complex owing to the fact that Ralph has disclosed that
his mother had regularly hit him with a walking stick. In this essay I will seek to consider the main practice issues raised by the scenario of the case
study. Using the materials provided within the course along with my own professional experience, I will outline relevant legislation...show more
content...
The Children Act 1989, section 47 states that the Local Authority must investigate if it has 'reasonable cause' to suspect that a child is suffering
significant harm. This is also known as a section 47 enquiry. Ralph says he has been the victim of physical abuse and that this was a reoccurring act.
As a social worker I would have to investigate this further. The questions I would want to find answers to would include; Are Ralph's siblings at risk
from experiencing similar physical abuse? Is Ralph at risk of suffering from physical abuse if he returns home to his mother? I would also want to look
further into the causes behind Ralph's truancy and why he has started to engage in anti–social behaviour. Could this be a result of a breakdown in his
relationship with his mother? Or are there problems with the home environment? When Ralph disclosed that his mother hit him with a stick, he said
that he did not want anyone else to know. With this we encounter a conflict of what Ralph wishes and the professional duty of the worker. When
working with young people it is important to make sure that they are aware of and understand the agency's confidentiality policy. As a social worker I
would explain to Ralph, within his level of understanding, that I will have to record some of the information he shares with me. However if he shares
information that suggests that himself

The Role Of Law In The Common Law
Introduction
The essentials originally required to form a valid contract consist of an offer, a subsequent acceptance and consideration. However, since the nineteenth
century, another requirement concerning the existence of an intention to create legal relations was added . It is important to note that the common law
does not include this as a requirement and therefore it has caused controversy in the legal sphere with many inauspicious comments being raised
regarding its necessity.
This essay explains intention to create legal relations as a requirement and how it is applied by examining how it has been applied with reference to
relevant case law. In this context this essay will further present the two opposing views regarding the...show more content...
Domestic and social agreements
Sometimes the nature of an agreement clearly determines that there was no intention to be legally bound. In the case of domestic agreements, there is a
general presumption that the parties do not intend to be legally bound, though this can be rebutted.
There are two distinguishing cases under this category that show both sides of this principle.
The case of Balfour v Balfour (1919) presents a scenario in which the general presumption is upheld. In this case a husband promised to pay his wife a
monthly maintenance allowance of ВЈ30 while he was away. Later, the couple decided to separate and the husband refused to pay the allowance. It is
important here to accentuate the fact that the husband and wife were in good relations at the time the husband made the promise. The Court of Appeal
determined that there was no intention to create legal relations and consequently there was no valid contract as Atkin LJ stated that it was a 'family
matter'.
The case of Merritt v Merritt (1969) ensures that this presumption is not set in stone and can in fact be rebutted. In this case a husband promised his
wife that he would transfer their house to her sole ownership after she paid the mortgage off. After the wife paid off the mortgage, the husband refused
to transfer the house to her. This case differs from the previous one as the couple in this case was separated at the time they had made this

Introduction
The Common law and Statute law are two main sources of the New Zealand legal system which was derived from the English. The Common law is
a form of law that was imported from the United Kingdom and/or made in New Zealand. Laws that were made in New Zealand courts means that
some aspects of the common law will vary from the United Kingdom. A Statute law is a law made by theNew Zealand Parliament (Ministry of Justice,
1999).
Laws are needed in a country to ensure that the society is sustained. Laws make sure that people are safe from harm and peace is maintained within
the society. The law also functions to keep the Government from possible damages. In addition, it provides the people goods and services, as well as
encourage positive values that would be seen as beneficial.
The statute that this assignment will focus on, is: 'Children, Young Persons, and their Families Act 1989' in Aotearoa/New Zealand. It will be divided
into two parts:
Part one will discuss the social forces that shaped the legislation and the way in which it had been applied. Possible changes about the legislation will
also be discussed if there is any to be found.
Part two is an explanation of the legislation and its connection with the social work practice. These will be applied to a given practice scenario and its
possible impacts. Other relevant legislations will also be considered.
Part One
Children, Young Persons Act 1974
The Children, Young Persons Act 1974 (CYP Act 1974) presented

Definition And History Of Case Law Essay
Introduction
Within this assignment, the definition and history of case law will be clearly explained. Equity and custom will also be given a definition. It is
important to understand these definitions before discussing a few of the equitable maxims. A brief description about the jurisprudence of the European
Court of Human Rights and the impact it has will also be included in this assignment. In relation to case law, the European Courts of Justice and the
hierarchy of the courts will be discussed so a better understanding can be created about the role of case law.
Case Law
Case law can be described as the law that was produced by judges when deciding disputes in court. When judges are challenged with interpreting
statutes, they will look at similar cases from the past and apply the same law to the case brought before them today. James Holland defines case law as
"the term we use to describe the collection of all the legal principles emanating from all the reports cases on a given topic." Law created in this way is
also referred to as 'Common law'. Common law is law that is common to England and is applied throughout the country. Sir William Blackstone gave
his own definition of common law by stating that "common law, properly so called" is "unwritten law".
History of Common Law
"Before the Norman Conquest in 1066, there was no single system of law that was common to the whole of the country." Instead, there were different
systems of law, such as Wessex Law and

The Theory Of Labour Law
Labour Law Essay Introduction Humans strive everyday to obtain wealth and success in the form of money. Contrary to popular belief money
makes the world go around. It is the driving force of every economy, but for some people, it is more difficult to earn than for others. Many factors
are responsible for the gap in wealth people earn; lack of experience, age and low education are some reasons as to why it is difficult for some to earn
money. There are many people who immigrate from other countries and are unfamiliar with the foundations of employment. Each individual's situation
is different since everyone has his/her own family background. Some people are fortunate enough to be born into 'higher–class' families,...show more
content...
The Wagner Act then enforced which limited the powers of employers. As a result the Rand Formula was created to prevent companies from going
on strike. It was a method of collective bargaining. In 1960 to 1980 the economy was booming. 15.2 equality was enforced. Workers had man rights
and freedoms but they were all slowly taken away in 1980. The Employment Standards Act created 40–60 hour weeks with less pay. In Canada's
political spectrum NDP is on the far left, The Liberal Party in the middle and Conservatives on the right. The right wing believes in higher taxes
while right says lower taxes. The right believes were not all equal but should be made equal by taking from the rich and giving to the poor while
the left says no we are all equal, so its their fault if they turn out poor. The left wing also believes in more of the government running the economy,
public business rather than private ones. People all over the world have fought for their rights and equality in their place of work for thousands of
years now. Slavery was an influencing factor with labour law, dating back to the Code of Hammurabi (1760 B.C.E). At that time people had no
choice but to be forced into labour, being controlled by slave masters with laws only benefitting the owners controlling the slaves. Trade Unions were
not always allowed in Canada because employers felt the

Children in Conflict to the Law
CHAPTER 1
INTRODUCTION
I. Background of the Study
Nowadays, the problems of children in conflict with the law are difficult to prevent. Children in conflict with the law are the children below 18 years
old. The government is doing their best to solve these problems that is why there are many institutions, rehabilitation center, drop–in centers that helps
these children who are in conflict with the law. Under R.A. 9344 a child who is 15 years of age at the time of the commission of offense are
exempted from criminal liability, however the child shall be subjected to an intervention program provided by local social welfare development office
who will determine appropriate programs and consultation with the client and to person having...show more content...
The center, in addition is compelled to accommodate the children in conflict with the law (CICL) since the peace and enforcers both from the
government and private sector , endorse their apprehended children in conflict with the law to Makati Social Welfare and Development or to the
center for proper case management and disposition in order to guide MSWD staff and referring agencies /institutions for proper turn over or referral of
clients to the drop–in center , these guidelines has been formulated. (Program/Section Profile of Mapagkalinga Drop–in Center ,Manual of Operation of
Drop–in Center , 2007 )
Statement of the Problem
This study aimed to determine the main factors that contribute to the rise of Children in Conflict with the law in the City of Makati.
Specific Problems:
Below are the specific questions that guided the researcher in this study:
1. What are the personal profiles of the children in conflict with the law (CICL) in Makati in terms of:

a. Sex
b. Educational Attainment
c. Educational Status
d. Offense Committed
e. Age When offense is committed
2. What are the major factors that mostly affect the child to commit crime?
3. What are programs or mechanisms designed to help prevent the rise of children in conflict with the law?
Significance of the Study
This research sought to determine the major factors that give rise to children in conflict with the law and to

INTRODUCTION Police and other agencies within law enforcement receive multiple calls for service daily. They enter a world of the unknown
while being required to serve and protect the general public fairly, without bias toward race, religion, gender, or political affiliation. They are
confronted with serious crimes that they must deal with at any given moment, on any given day. Law enforcement officers may receive a
call–for–service to handle a domestic dispute where weapons are involved, respond to call where a pet was tossed in traffic from an overpass, and
become involved in a [shots fired – officer down] police run, all during an eight–hour day. Police and other law enforcement agencies must always be
prepared for the unknown...show more content...
Since there was little information about the day–to–day administration of justice, topics that were requested in the survey included reasons for
neglecting to report crimes, the discretion given to police not to make an arrest, and the discretion given to prosecutors to decide if they would
prosecute or not (Walker, 1992). According to research by Beckett (2016), police discretion became an inevitability by the 1960s, "as a result of the
design and implementation of an observational study by the American Bar Foundation (ABF) that focused much more on law in action than on the
law on the books" (p. 78). The results showed that discretion was not an individual choice to deviate from the norm; but a practice among several
criminal justice officials, including the police, to exercise the use of discretion at several levels of criminal justice (Beckett, 2016). The term
"Discretion" in its purest definition can simply imply to have a choice in judgement. The use of discretion in policing allows a considerable amount of
freedom to be used within departmental guidelines, referred to as controlled discretion (Gottfredson & Gottfredson, 1988). Police essentially have more
discretionary power, regarding the liberty of offenders, than

Newton's Three Laws of Motion Essay example
We experience each of Sir Isaac Newton's laws everyday. In a car, pushing a car, or even in a fight. All of these laws have to do with motion. You can
experience the first law in a stopping car, the second when you are a pushing a shopping cart, and the third one in the water.
Newton's first law in laymen terms is 'An object in motion tends to stay in motion, and an object at rest tends to stay at rest, unless the object is
acted upon by an outside force.' You would feel the law if you were in a fast moving car, lets say 70 mph, which suddenly comes to a stop. You
would continue to move forward (If you didn?t have a seat belt on) but the car would come to a stop. You would then continue to move through the air
at 70 mph until you hit...show more content...
The impact would hurt very much because of Newton?s Third law, which I will explain later.
Newton?s second law can be explained with the equation, A=F/M or F=MA, where A=Acceleration, F=Force, and M=Mass. In normal words,
Acceleration is produced when a force acts on a mass. The greater the mass (of the object being accelerated) the greater the amount of force needed
(to accelerate the object). You can use this formula to see how much force is needed to move certain objects. Lets say Mike?s car is about 1,000 kg.
He pushes it at .06 m/s/s. The equation would be F=1,000(.05). The answer is F=50 Newtons (the SI unit for Force). If Bob is trying to move a van,
which was about 2,000 kg at the same acceleration, then he would need to use twice the force that Mike had to because Bob?s car is 2,000 kg and
Mike?s is 1,000 kg.
Newton?s third law says that every action has an equal and opposite re–action. These are two separate forces, which act upon two separate objects, and
so they do not cancel each other out. If you punch someone?s face, not only does your hand apply force to the victim?s face, but also the victim?s
face applies a force on your hand. Therefore, your hand hurts and so does the victim?s face but since the face is softer than the hand, it will hurt
more. If you push a van with roller blades on with 100 Newtons, you will be pushing the van at 100 N and the van will be pushing you at 100 N. In a
second, bob will have moved 2 m and the

Essay on Relationship Between Law and Morality
In this essay I intend to discuss the relationship between law and morality through the perspectives of legal philosophers, I will provide a brief
explanation of law, and what does law intend to achieve in the society. When discussing the relationship between law and morality I will consider the
distinction between the theory of natural law and legal positivism and how these two theories influence each other and whether there is a legal or moral
duty for the society to obey the law.
Legal philosophers have tried to provide a brief explanation for the meaning of law; however their definitions have been vague and ambiguous. John
Austin explained law as 'something which is man–made and separate from morality and justice, furthermore provided...show more content...
Law also provide facilities for people to make their own arrangements, law protect and facilitate different arrangements between people, and law
settles disputes about what law is and whether a certain conduct conflicts with legal rules. It aims to create laws that are predictable, that are able to be
easily analysed and understandable by the general society.
Morality is what the society regard as right and wrong which is highly subjective, some legal philosophers believe that there is a certain moral standard
which human laws must contain. Chapter 2 in The Constitution of the Republic of South Africa, 1996 which is the Bill of Rights contains moral
values which the country is based. Section 1 of the Constitution provides that South Africa is an independent sovereign, democratic state which was
based on following values:
пѓ 'Human dignity, achievement of equality and advancement of human rights and freedom,
пѓ Non racialism and non sexism.'
South African Constitution is entrenched with moral standards in the Bill of Rights, these is also noted in the case of S v Makwanyane where the
court declared death penalty unconstitutional based on that it conflict on the right to life , human dignity and right not to inflict bodily harm. Natural
law dictates and limits the scope in which positive lawyers can enact and enforce the law, as we note in

Public Law And Private Law Essay
With respect to the misleading and aggressive trade practices, two set of remedies were given by both the public law and the private law. Even
though the two sets refer to the same conduct, their concept and terminology were completely different and thus give rise to varied outcomes.
While the former was usually emphasized by officers working in the Trading Standards Services and the Office of Fair Trading through criminal
sanction and implemented under the Enterprise Act 2002, the latter was usually enforced through small claims by the offended consumers by
using the common law system per se for disputes between businesses. Therefore, the 2014 Regulations was adopted so as to fill the gap between
the enforcement of public law and private law in respect of consumer law on misleading and aggressive practices. The 2014 Regulations provide
two tiers of remedies. Specifically, Tier 1 stipulates the standard remedies, including the right to unwind and the right to a discount, which shall apply
for all cases without requiring the proof of loss. Tier 2 namely damages, provides additional remedies which allow consumer to claim compensation
for damages with the requirements of evidence of loss. Correspondingly, this part will introduce (1) the conditions to apply the new rights, analyse
and compare to the remedies under traditional law in respect of (2) the standard remedies, (3) the additional remedies and also discuss about (4) the
probable limits in the level of protection of

Employment Law
EMPLOYMENT LAW Introduction The aim of this Assessment is to demonstrate an understanding of employment regulation and how it is enforced.
Other areas covered include; how to manage recruitment, manage issues relating to pay and working time lawfully and how to ensure that staff are
treated lawfully when they at work. Finally it will cover managing performance and disciplinary matters lawfully. Activity 1 The purpose of
Employment Law is to provide legal protection to employees and employers. Employment Law is set up to ensure legal guidelines and standards are
met with recruiting, working standards, pay and allowances and the disciplinary process. It is also aimed at protecting a person's Equality and Human
Rights such as...show more content...
They will review the case using their experience and the evidence brought before them (descriptive documents, witness statements) followed by
both parties Submissions. Once the Tribunal has come to its decision, it becomes legally binding to both parties and can only be appealed if the
Tribunal has made mistake in the application of the law or the judgement was one which no reasonable tribunal could have reached. In order to
avoid an Employment Tribunal, which can prove expensive to the complainant and the respondent, cases may be settled before and during formal
legal proceedings. This is often arranged by a mediator. Employers and employees should always seek to resolve disciplinary and grievance issues
in the workplace. Where this is not possible employers and employees should consider using an independent third party to help resolve the problem.
This person maybe from within the organisation, or use an external mediator should that be deemed more appropriate (ACAS Code of Practice1, Apr
2009) If both parties fail to reach a resolution internally, a settlement can still be reached prior to the case reaching a tribunal. ACAS can play a
significant role in this. A new set of arrangements was introduced in 2014 that gives ACAS conciliation officers a much more pertinent role. In a bid to
encourage the parties reach out–of–court settlements and so reduce the costs of running the tribunal system, from 1 Apr 2014 new pre–claim

Sources Of Public International Law
Global Law 1028LAW Research Essay Sources of International Law Introduction Public International Law is known to be a set of rules and norms
generated and set by sources that are ought to be read, accepted, recognised, and signed by all states, and used as a boundary between these states.
This essay will analyse the different sources of Public International Law, and identify their strengths and weaknesses, and how they differ from the
sources of Law made and implemented in Australia's law system. Sources of law are basically the origin or authority by which rules and legal force
is derived and implemented or enforced. Sources of Public international Law Public International Law was created to develop a friendly, peaceful,
secure...show more content...
Treaties are able to keep an organisation's institution and structure stable, since it is legally binding. However, It is only binding by states that accept
it, but unfortunately not all states actually accept it, and sometimes peremptory norms(jus cogens) contradicts with the treaty. Customary international
law however is known to be a practice used by all states' territories, because states think its a legal obligation that should be enforced, and is codified
by treaties to protect the rights of states. Customary international law is argued to be inefficient, and unclear or vague and therefore a weak system
and is not well designed to aid people's human rights much as it is a creation of nations and not people, which might be true but to certain limitations.
Moreover, different norms and rules of different territorial states may contradict and cause problems between them. However some scholars say it is a
solution for the consequences that may be caused to a nation from another nation. Another advantage of customary international law is that even if it
has been existing for a very long time, it is still being practiced by many different states universally. Customary international law is not prioritised in
any way over the treaties, instead they both co–existed. The third source of public international law is the General Principles of law, which is mainly
based on the basic 'natural law',

Common Law And The Statute Law Essay
Introduction
In Australian, a proprietary company need to registered to start its business under corporation Act 2001. This is is a common wealth legislation
administered by the ASIC. Normally, a corporation does not have a legal existence before the registration. Registration of a company makes it can be
treated as a legal entity . The company can have its own name to hold its property, it can enter into a contract or rescind, also the company can be sued
or sue the others. Registration is the most important but not the only thing to establish a business. Before the registration, a company may be have to
entry into a contract. Before the pre–registration, the contract always void because the company is not a legal entity. So the pre–registration contracts
cause many legal problems of the rights and responsibilities. The pre–registration contracts have different explains in the Australian legal system, the
most important are the common law and the statute law.
Common Law
The Australian High Court is over the State Supreme Courts who has the general appellate jurisdictions. So there is only one uniform common law
remains in Australia which is originated from the English Common law. At present, more and more statute law and relevant cases has been used.
Statute law
Statute laws are laws which are passed in the parliaments in Australia. The local councils, departments of the government and other statutory authorities
are the different parties who have given legislation by

Customary Law
1. INTRODUCTION Customary law is among other laws the most controversial and as a result raises a lot of questions among legal luminaries.
There are whole lots of reasons responsible for these and this research shall take time to address as many of these causes or reasons as possible. To
add salt to injury, the few authorities of customary law that still hold sway customary sources (in explaining the inconsistencies of the law of custom)
agrees that "all laws are custom but not all custom is the law" This job has been made easier thanks to Dr. B. O. Adediji (Reader) an erudite scholar
of the law, who practically gave the entire outline of the course that this research must sail (table of content) To display my scholastic content I have
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This means that customary law which is not compatible with any existing enactment ought not to be enforced by the courts. The argument is that
existing customary laws must not be incompatible with any written law (Obilade 1991). (c) Public Policy Test: This means that a custom shall not
be enforced if it is contrary to public policy. The idea of public policy here implies the principle of judicial legislation or interpretation founded on
the current needs of the community. Anything that offends morality is contrary to public policy. That is moral values and ideas which are
prevalent in a society as a way of preserving its interest. Where a transaction is contrary to the policy of the laws or public policy, the law refuses
to enforce or recognize it on the ground that it has a mischievous tendency so as to be injurious to the interests of the state or the community. This
law is predicated on the interest, be it welfare, safety or advancement of the society at large. 3 4. MAKERS OF CUSTOMARY LAWS Before delving
into the issue of those who make customary laws, I would love to employ the expertise of a professional–Osborn C. J. Osborn pointed out one hundred
years ago (1908) in Lewis vs. Bankole still afflict the customary law today. Indeed, it is increasingly more complicated as the society transforms from a
simple

Effects Of The Rule Of Law

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Effects Of The Rule Of Law