Thursday, March 21, 2019
Where Does Law Come From? Essay -- The Origin of Law
Where does legality come from? Law has been defined in many ways by various leaders and thinkers but thither is no universal definition. There be numerous sources and the English healthy system adopts the rules derived from these various sources to form the English law. Sources of law include ordinaryplace law and equity, legislation, and international conventions such as the European Convention of homosexual Rights (ECHR). It must be noted that customs or constitutional conventions are not law. It is a common misconception that customs or conventions are law. The tribunal have repeatedly held that conventions are not law and thus are not binding. The case of Attorney General v Jonathan Cape Ltd aptly demonstrated this point as the court held that the convention of parliamentary confidentiality is moreover a convention and does not carry any legal weight. Nevertheless, it is necessity to understand what, and how, are sources of law created and what possible dangers may a rise from these sources. viridity LawCommon law first came about during the reign of William the vanquisher who created a common set of laws which was binding on all in the land. In the 15th century, the Chancellor was given the responsibility of deciding cases and he subsequently created his own court, the Court of Chancery which decided cases based on equity. As a result of the Judicature strike 1873, common law and equity were merged into the same courts to ensure that one enhances, instead of opposing, the other. Consequently, the precisely distinction between common law and equity is the remedies available to litigants. Today, common law is regarded as case laws which are decisions made by decide in cases. Common law is operated on two concepts of equal importance, to wit the do... ...e man Rights Act 1998 Third Edition, 2006ArticlesT.H.Bingham ,The European Convention on Human Rights Time to Incorporate (1993) L.Q.R. 390Table of casesA-G v Jonathan Cape Ltd 1976 QB 752F itzpatrick v superior Housing Association Ltd 1999 4 All ER 705Miliangos v George heart-to-heart (Textiles) Ltd 1975 3 WLR 758R v Goldstein, R v Rimmington 2005 UKHL 63R v R 1991 4All ER 481Royal College of Nursing v plane section of Health and Social Security 1981 2 WLR 279,CATable of statutes and other instrumentsStatutes abortion Act 1967 c87European Communities Act c68Human Rights Act 1998 c42Interpretation Act 1978 c30Judicature Act 1873 c66Legislative and Regulatory Reform Act 2006 c51Parliament Act 1949 c103Public Interest Disclosure Act 1998 c23European lawEuropean Convention of Human Rights (1951)
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