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In: Economics

400 words about common and statutory law , international and domestic law

400 words about common and statutory law , international and domestic law

Solutions

Expert Solution

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


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