COMMON AND
STATUTARY LAW
COMMON
LAW
- The common law system is formed from the decision made in
appellate court and judicial precedent. It's main point is that it
considers unfair to treat the same facts in a different manner in
different situations.
- This law is precedent which means, the judge refer to the case
that took olace in the past to arrive at a decision and enforced in
future judgement rendered by the court. That means a similar
judgement has to be given for similar cases in future.
- The judgement might become a new law sometimes.
- Common law is also known as Case law.
- The operational level is procedural.
STATUTORY
LAW
- This law is available in written form and laid down by
legislative body to govern the conduct of citizens of th country.
If a bill is passed by both the houses of parliment through
enactment, it becomes a statutary law.
- It is a fundemental structure of legal system based on the
statutes
- A statute means formally written act that expresses the will of
the legislature.
- This law governs the behaviour of the members.
- Statutary law is also known as
Legislation.
- The operational level is Substantive and nature is
Prescriptive.
Conclusion
Statutary
law is more powerful than common law as the former can overrule or
modify the latter. In case of any contradiction between the two,
statutary law may prevail.
INTERNATIONAL
AND DOMESTIC LAW
INTERNATIONAL
LAW
- International law is the legal system governing the
relationship between the nations, that include participants as
International organizations and individuals.
- It is a set of rules regarded and accepted as binding in
relation between states and nations.
- It can refer three different legal disciplines, i.e., Public,
Private and Supernational law.
- Public International law includes treaty law, law of sea,
international criminal law, war law and international humanitarian
law.
- Private law is to resolve private nonstate disputes involving
more than on jurisdiction.
DOMESTIC
LAW
- This law is applicable within the city, town or other local
government entity.
- Domestic law includes not only law at national level, but also
at state,provintial, territorial, regional or local level.
- The main terms to know in this are theBylaws, Land use,
Municipal charter, Police power and Ordinance.
Conclusion
Domestic law is
far more important than International law. It is important to know
that International law principles are part of Domestic law