...SOURCES OF LAW OBJECTIVE To provide the candidate with a broad understanding of the Sources of Laws of Kenya: • The Constitution • Legislation • Delegated Legislation. • Statutes of General Application in force in England on 12th August 1897. • Substance of Common Law and doctrines of equity. • African Customary Law. • Islamic Law. • Hindu Law. • Judicial Precedent (Case Law). INTRODUCTION The term sources of law literally means where rues of law are found. This chapter describes the origins of the rules and principles which constitute the law applicable in a country at a given time. In other words the materials from which rules of law are developed. KEY DEFINITIONS Bill: - a draft law or legislation Delegated legislation: - law made by parliament indirectly Ultra vires: - Latin term which means “beyond the powers” Common law: - a branch of the law of England which was developed from customs, usages and practices of the English people Stare decisis; - Latin term which means “the decision stands” Precedent: - An earlier decision of a court This chapter has shown its importance in the industry first by way of hierarchy of laws. It is this particular hierarchy that is used when there is a conflict of laws in courts. Cases like the S.M Otieno case can hold proof to this. The law making process described is also the same procedure used...
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...SOURCES OF LAW 1.1 Classification of Law Law is a set of rules that control the human behaviours that is developed over a long period of time that regulates interaction that people have within one another. It is also a set of rules that humans have to follow and it set standards and conduct between *individual and individual* and *individual and the government* which is enforced by law through sanctioned. Public law Public law is a law which governs the relationship between individual and the state. Public law can be further divided into constitutional law and criminal law. - Constitutional law Body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary. - Criminal Law It is a body of rules and statute that defines the conduct prohibited by the government. In Malaysia, the penal code is a main source of criminal law. It covers most criminal offenses and provides relevant penalties where relevant acts are breached .It actually codifies various acts committed by individual against the state such as murder, cheating, forgery , rape, and other criminal offenses. Common law A law that derive from case law (precedent) and statute. It is accusatorial with an emphasize remedies. It form a basic right of English law and it can be found in the U.S , other commonwealth nation including Australia, Canada, Singapore, New Zealand, parts of Africa , India and Pakistan. Malaysia derives their legal...
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...Introduction The pure origin of law was founded on the rudimentary platform of customs, or what H. L. A. Hart describes it as “rules of obligation”. It forms the essence of the framework of order within a society. He stated the conditions required for the existence and effective implication of an “obligation” in a society would be the introduction of constrictions on the actions of its citizens and those who oppose the idea of it constitutes the minority of the population. This would effectively conjure social pressure for people to adhere to the rules. This has worked well in primitive societies. However, home to many societies bearing differing culture and religious practices, the sources of law of a modern nation does not simply come from the amalgamation of legally binding customs from respective societies as a solitary and direct source. By far, the law has been compounded, overruled, refined and developed over past centuries under the influences of historical, economical and social events. As such, the sources of law in a developed nation of UK today would involve common law and statutes as the leading sources, supplemented by delegated legislation, academic doctrines, customs, constitution, transnational and European Law. The Ius Commune In 1066, William the conqueror emerged victorious in the Battle of Hastings and became King of England. He unified counties with disparate customary practices into a national legal system, giving birth to common law. The word “common” was...
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...1. “The only source of law in Malaysia is the Federal Constitution” Do you agree? Discuss. State the relevant section and case law wherever relevant. Equity Equity Federal Constitution Federal Constitution Customs Customs Judicial Precedents Judicial Precedents English law English law State Constitutions State Constitutions Common law Common law Legislation Legislation Subsidiary Legislation Subsidiary Legislation According to the table above, we don't agree that the Federal Constitution is the only source of law in Malaysia. State constitution The constitution is the Supreme Law of Malaysia. Federal constitution is the highest law of the land. Besides the Federal constitution, which applies to all states in the Federation. Each state also possesses its own constitution regulating the government of that state. The state constitution contains provisions which are enumerated in the Eighth Schedule to the Federal constitution. Some of these provisions include matters concerning the Ruler, the Executive Council, the Legislature, the legislative Assembly, financial provisions, State employees, and amendment to the Constitution. If such essential provisions are missing, or if any provision is inconsistent with them, Parliament may make provision to give effect to them or to remove any inconsistencies, as the case may be ---Article 71, Federal constitution (Lee&Ivan, 2014). English law English law is used as a sources of law which was provided...
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...a) Sources of law is the authority from which the law derives their forces. It also can define as legal rules that make up the laws in Malaysia. The sources of law in Malaysia can be divided into two types, which are written laws and unwritten laws. Written law is the law that has been enacted by the legislature or constitutions while unwritten law is the law that has not been enacted by any legislature or constitutions. Written law consists of three sources, which is Federal and State Constitution, Federal and State Legislation, and Subsidiary Legislation. Firstly, Federal Constitution is the supreme law of the land of the country by virtue of Article 4 of said constitution; any laws passed after Merdeka Day which is inconsistent...
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...March 3, 2010 TO: Senior Paralegal FROM: Shaimah Hoosein RE: Memorandum of Sources of Law You requested an explanation and example of how the law is derived from the four main sources of law namely statutory, administrative, constitutional and case law. Please take a moment to review my research. I hope this has met your expectations. Statutory Laws: Statutory laws are a set of written rules set down by the legislature. They are published in several forms by different publishers. Both the U.S Congress and the State legislatures enact these statutes either by bill or by joint resolution. Federal statutes take precedence over state statutes and state statutes over the common law. Statutory laws are inferior to constitutional laws and courts have to power to declare them unconstitutional. These laws are codified under titles describing areas of action to which they pertain to. If a statutory law needs to be cited in court, the official edition published by the Government Printing Office is used. A statutory citation has a volume number, the abbreviation “stat.” for Statutes at Large, and the page number where the law begins. For Example: Fla. Stat. § 776.013 (2009) § 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm This statute was used in the case: State v. Smiley, 944 So. 2d 1027, 1028 (Fla. 4th DCA 2006). Case No. SC06-1237 Overview: In 2004, Mr. Smiley was charged with first-degree premeditated...
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...[Please do not circulate or cite without permission] Written Constitutions and Unwritten Constitutionalism Mark D. Walters Faculty of Law Queen’s University February 2007 To Be Published In: Grant Huscroft (ed.), Expounding the Constitution: Essays in Constitutional Theory (Cambridge University Press, forthcoming) I. Introduction Defending the idea of ‘unwritten law’ has never been easy. Jeremy Bentham thought the very expression to be a ‘paradoxical and unmeaning epithet’.[1] In his view, social reform required ‘fixed and accurate’ laws—laws that ‘[w]e see, we hear, we touch; in short we handle…’[2] This empirical concept of law follows from the ideal of law as something produced by conscious acts of sovereign will. Central to this concept are, to use H.L.A. Hart’s expression, ‘rules of change’ that permit societies to escape the confines of ‘primitive’ custom.[3] The progressive march of legal theory, it may be said, has been away from medieval notions of law as customs practiced time out of mind or as the immutable dictates of natural law, away from the fiction that judges discover rather than make law, and towards modern notions of law as creative political acts recorded in writing. In terms of constitutional law, this march leads to the idea of written constitutionalism, a destination that the rebelling American colonists are often said to have reached first.[4] It was a task especially ‘reserved’ to the American people, wrote...
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...SUPPORT@ACTIVITYMODE.COM HSA 405 WEEK 3 ASSIGNMENT 1 STRAYER LATEST HSA 405 Week 3 Assignment 1 - Health Policy and Law Basics - Strayer Latest As a chief operating officer of a hospital, you have been tasked with opening a new ambulatory care center in your city. Write a two to three (2-3) page paper in which you: Specify whether you would utilize the professional autonomy, social contract, or free market perspective as the paradigm to design the structure of your new center. Debate at least two (2) advantages and two (2) disadvantages of your chosen perspective. Provide at least two (2) examples of your perspective in action to support your response. Analyze the key components of three (3) sources of law related to the effects that each source could potentially have on your healthcare organization’s new initiative. Use at least two (2) quality references. Note: Wikipedia and other Websites do not qualify as academic resources. Activity mode aims to provide quality study notes and tutorials to the students of HSA 405 Week 3 Assignment 1 Strayer Latest in order to ace their studies. HSA 405 WEEK 3 ASSIGNMENT 1 STRAYER LATEST To purchase this visit here: http://www.activitymode.com/product/hsa-405-week-3-assignment-1-strayer-latest/ Contact us at: SUPPORT@ACTIVITYMODE.COM HSA 405 WEEK 3 ASSIGNMENT 1 STRAYER LATEST HSA 405 Week 3 Assignment 1 - Health Policy and Law Basics - Strayer Latest As a chief operating officer of a hospital, you have been tasked with opening...
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...Vanessa W. Assignment 1 Department Training Series: Common Law Traditions and Sources of Law This training series will introduce you to the basic rules of law. Businesses face many legal issues that require the help of business persons “to prevent avoidable legal situations.” So it is important for business professionals to have a strong working knowledge of the laws that pertain to their type of business to ensure that their company is always in compliance. Thus, it is important to understand how and where to find the law in order to stay abreast of amendments as they are enacted. This series will serve to equip you with a basic knowledge of the rules of law applicable to business situations (Week 1 Lecture). Today I will focus on the common law, sources of American law, the importance of precedent to the judicial decision-making process, and equitable and legal remedies. In 1066 England the king’s court established a set of standardized rules for the country. This was the beginning of common law. “These rules applied throughout the entire English realm,” (Miller, 20011, p. 7). They then became a part of the legal system of all former colonies of England and the United States (Miller, 2011, p. 7). Common laws aren’t necessarily permanent laws of the books. They can be changed through state legislatures enacting statutes. Courts are able to turnover state statutes, as well, if they are found to be unconstitutional. This works to maintain a balance between the...
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...The main purpose of this paper is to make an analysis on the different sources of English law, and discuss the extent to which external sources have affected English law. A basic knowledge of English legal history is important for anyone wishing to study English law, for a number of reasons. Although the UK’s modern legal system, following centuries of legal reforms, is vastly different from that of the 11th century, many fundamental principles and philosophical ideas present in the modern legal system derive from centuries past. Equally, many existing rules of law have their origin in legal history and to fully understand the reason for the current legal norms, it is necessary to appreciate the historical events surrounding their creation (Boxford, 2006, p. 34). Some argue that the English legal system is too conservative and reluctant to adapt to modern conditions. Whilst this claim should not be over-exaggerated, it should also not be ignored. The UK today represents a country with an extremely rich legal history, but also one which seeks to play an active role in the modern global environment. A source of law means the process by which law comes into existence. English law is mainly derived from legislation (both Acts of Parliament and delegated legislation), case law, and European Union law. Custom is a minor source of law. English law, established historically Westminster courts (common law) and Chancery Court (equity), is a right of judicial practice, not only...
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...Chapter Title: 3 The Theory of Stare Decisis Book Title: The Sources of Hong Kong Law Book Author(s): Peter Wesley-Smith Published by: Hong Kong University Press, (October 1994) Stable URL: http://www.jstor.org/stable/j.ctt2jc134 . Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Hong Kong University Press is collaborating with JSTOR to digitize, preserve and extend access to The Sources of Hong Kong Law. http://www.jstor.org This content downloaded from 143.89.105.150 on Sat, 6 Dec 2014 22:30:49 PM All use subject to JSTOR Terms and Conditions The Theory of Stare Decisis GENERAL THEORY Introduction The essential idea behind stare decisis is that a judge is required - thus has no discretion to refuse - to follow certain previous decisions. This obligation arises when a prior case A yields a proposition of law in circumstances which are indistinguishable from those confronting the judge in case B, and by a formal rule the judge in case B stands in an inferior relationship to the court which decided case A....
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...“Explain the main sources of Scots business law” 1. Identify and describe the sources of legislation that are binding in Scots law and quote at least one example. In the modern system of Scots law there are three sources of legislation which are binding the Scots law. Those sources can be divided under the validity or power of law. The first source of legislation of Scots law is Scottish legislation. When Scotland became the part of the United Kingdom it lost the power to make the law without approval of Westminster parliament under special conditions. As a part of the United kingdom Scotland has a right to make the law under only certain legislations. Scottish parliament has power over matters such as: agriculture, forestry and fisheries, education and training, environment, health and social services, housing, law and order (most commonly within Scotland only), local government, sports and arts, tourism and economic development, transport. The other matters are reserved for the Westminster parliament. The law in Scotland is coming from three sources the first source is UE law which have the highest priority, the second source is the UK law (passed by the UK Parliament – Westminster) which has a lower priority than UE law but higher priority than the last third source which is Scottish Legislation passed by Scottish Parliament ( Holyrood). Example of Scottish legislation: The Public Records (Scotland) Act 2011 (Commencement No.2) Order 2012 Smoking, Health and Social...
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...Journalists' Right to Protect News Sources Jessica L. Graham JRN 410 Journalism Law Michael Angelo May 18, 2014 The Journalists' Right to Protect News Sources The Bill of Rights, written by James Madison, was established because the America people, from the beginning, demanded assurances that their inherent freedoms would be protected. Yet, the American people have consistently disputed the extent to which the First Amendment applies. Does the freedom to report the news also include the freedom to gather it and protect the source of their information? Laws will consistently attempt a compromise to initiate equilibrium but it is absurd to assume any law will give 100 percent protection. “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances,” − The First Amendment to the United States Constitution (Bill of Rights Transcript Text, n.d.). The Society of Professional Journalists Code of Ethics states sources should be identified whenever possible and it is very important his or her motives are clarified before publication of the material. A journalist should also confirm and attribute the information of the source before relying on the information (Society of Professional Journalists, 1996-2010). Confidential sources should only be used as a last resort...
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...Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign or the state from which the law derives its force or validity. There are many factors of law that have contributed to the development of law. These factors are regarded as the sources of law. Legal customs , Divine right , Natural and legal rights, human rights , civil rights, and common law are often implied and unwritten sources of law that have been established over decades or centuries. Canon law and other forms of religious law form the basis for law derived from religious practices and doctrines or from sacred texts; this source of law is important where there is a state religion . Historical or judicial precedent and case law can modify or even create a source of law. The ultimate in written laws are the charter, the constitution, and the treaty , much of which form the foundation of modern legal systems. Legislation , rules, and regulations are often the source of laws which are codified and enforced by the legal system. Precedent Precedent is one of the sources of law. The judgements passed by some of the learned jurists became another significant source of law. When there is no legislature on a particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes. Such decisions become authority or guide for subsequent...
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...and Functions of Law Eduardo Aguayo LAW 421 September 18, 2014 Richard Burgoon Role and Functions of Law In the introductions of law, we study what are the purpose and the importance of this science to people and businesses. In this essay I will cover the first most important aspects of the introduction to this science discussing terms and ideas of the roles and functions of law. The term law, throughout history, has been defended in a variety of ways. The most generally definition of the law is a body of rules of action or conduct prescribed by controlling authority, and having legal binding force. Law may be set down in a written code as prescribed by an elected legislative body, but also takes the form of judicial decisions and actions of government agencies. While there are many sources of American law, the common characteristic of the current state of law is that it creates duties, obligations, and rights that reflect accepted views of a given society. Jurisprudence could almost be defined as the science and philosophy of law. Jurisprudence may be divided into three branches: analytical, sociological, and theoretical. The analytical branch articulates axioms, defines terms, and prescribes the methods that best enable one to view the legal order as an internally consistent, logical system. The sociological branch examines the actual effects of the law within society and the influence of social phenomena on the substantive and procedural aspects of law. The theoretical...
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