The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history‚ as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968‚ its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms‚ Mauritian private law is based on the French Code Civil while public law and commercial law are
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UNIVERSITY OF HERTFORDSHIRE SCHOOL OF LAW COURSEWORK FOR ASPECTS OF EUROPEAN LAW (2LAW0043) DATE - 16th March 2010 ‘The useful effect of a directive would be weakened if individuals were prevented from relying on it before their national courts...’ Van Duyn v Home Office (Case 41/74) Discuss the above statement in the light of the doctrine of direct effect and the later doctrines developed by the ECJ. In order to discuss the above statement
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Page1 European Law Review 1997 Case Comment Expulsion‚ national security and the European Convention Colin J. Harvey Subject: Immigration. Other related subjects: Human rights Keywords: Asylum seekers; Deportation; Human rights; State security; Torture Legislation: European Convention on Human Rights 1950 Case: Chahal v United Kingdom (22414/93) (1997) 23 E.H.R.R. 413 (ECHR) *E.L.R. 626 As in its previous rulings on expulsion in Cruz Varas and Vilvarajah‚ the Court of Human Rights
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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
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1.10 SOURCES OF LAW The main sources of law in Malaysia can be categories as follows a. the Federal Constitution b. the 13 Constitution of the States comprising the Federation c. Federal law made by Parliament d. State laws made by State Assemblies e. Federal and State Subsidiary Legislation f. Principles of English Law g. Judicial Precedent/ h. Islamic Law 1.10.1 FEDERAL CONSTITUTION Malaysia has a written constitution unlike the United Kingdom. The Federal Constitution is the
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important source of law. It defines customs and gives information about its types and what are the requisite of a valid custom‚ how are they recognized and why are they recognized? In ancient days the customary laws were the only laws as they were practiced by the people. With the passage of time and modernization of society the customary laws are seen as orthodox laws and are fast receding to the statutory laws‚ but still the laws that are passed by the parliament has its root in the customary laws
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Sources of Criminal Law. Statute/”The Book” vs. Common Law/Case Law A statute is a codified rule or written form of law. A statute identifies a particular rule of law or condition of a particular state or government. Each State has its own constitution; the states constitution and its laws are considered statutes. Generally‚ statutes are named through numbers or codes. Example: In Illinois‚ the definition of a forcible felony is found under : 720 ILCS 5/2-8. 720 is the criminal code‚ ILCS
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INTRODUCTION The sources of international law are not the same as those in domestic law. The two major sources creating legally binding rules of international law are treaty and custom. In domestic law the question of the source of a rule or law is seldom controversial. Common law systems rely upon statutes and the decisions to be found in court judgments for evidence of the existence of the rule or law; civil law systems rely upon the appropriate legislation or Codes
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between law and morals and whether law should uphold moral values? Phil Harris in an introduction to law defines a society’s ‘code of morality’ as a set of beliefs‚ values‚ principles and a standard of behaviour. A compliance with these rules is not compulsory and not required by the state. People are influenced by their family‚ friend’s religion. However‚ they could consider from themselves what they believe to be moral or immoral in their view‚ because a society is pluralistic and what one may
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Sources of common law I. Sources of the Common Law A. Court Decisions The principal source of positive law in the common law system is customary law. The common law system has some analogies to French medieval law: trial by jury‚ the binding nature of precedent. B. Statutes and treaties Statutes and treaties are the other source of law in the anglo-saxon world. However to be enforced even statutes and treaties must be ultimately interpreted by judges. Statutes are however controlling; that
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