Topic 4: Hart’s Legal System i) Law as the Union of Primary and Secondary Rules‚ H.L.A. Hart‚ The Concept of Law 79-99 (2nd ed.‚ 1961) 84 ii) The Foundations of a Legal System‚ H.L.A. Hart‚ The Concept of Law 100-123 97 Q’s Rule of Recognition‚ Legal positivism‚ Internal and External Aspects of Rules‚ Criticism of “ Predictive Interpretation of Austin Distinction between ultimate rule of recognition and the supreme criteria of validity Difference between Kelsen Grundnorm and the rule
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Irish system was introduced following the Treaty of 1922. Up to that time‚ all laws and legislation were formed‚ enacted and enforced by the United Kingdom‚ which had effectively ruled Ireland for over 600 years. As a result of that position‚ the laws that followed and that were enacted in the “new” Ireland reflected many of the laws already on the statute books. The formation of the Irish Constitution also reflected many of the established formats that had existed under the English system. Although
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enforced by the courts (The Government of Canada‚ 2015). According to the Government of Canada‚ "Canada’s legal system is a combination of common law and civil law‚ which is based on the English and French system brought to Canada by explorers and colonists during the 17th and 18th centuries". The common law tradition is a law that is written down as legislation. Common law evolved into a system of rules based on precedent which is a rule that guides judges in making later decisions in similar cases
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PAKISTAN LEGAL SYSTEM General 1. The expression ‘Pakistan legal system’ contains the entire framework of the law of Pakistan‚ the manner of its legislation‚ the procedure of applying it‚ the court structure‚ the method of interpreting it‚ procedure of amending the law‚ and many other matters. The knowledge of Pakistan legal system provides a general understanding needed by an effective accountant‚ businessmen and other individuals. Aim 2. To briefly discuss the Legal Frame Work of Pakistan
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jurisdictions‚ eg China and parts of continental Europe. In the UK‚ the legal system is a COMMON LAW LEGAL SYSTEM‚ as opposed to a CIVIL LAW SYSTEM. It is perhaps easier to define a civil law system first‚ in that a civil law system is a written and accessible set of laws that cover all aspects of activity through codified legal principles and rules. These codified rules are usually created through the political apparatus‚ the court system is usually inquisitorial‚ not bound by precedent‚ and the law is
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SOURCES OF LAW INTRODUCTION TO THE MALAYSIAN LEGAL SYSTEM SOURCES OF LAW The sources of Malaysian law refer to the legal sources i.e. the legal rules that make up the law in Malaysia. The sources of Malaysian law comprise: 1)Written law; and 2)Unwritten law Federal and State Constitutions Written Legislations & Delegated Legislations SOURCES OF MALAYSIAN LAW Judicial Decision English law Unwritten Islamic law Customary Law SOURCES OF LAW: UNWRITTEN LAW Unwritten law
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wherever such a system exists‚ should be based on objective factors‚ in particular ability‚ integrity and experience.” — Clause 13 of the United Nations Basic Principles on the Independence of the Judiciary — 3.0 THE SUPERIOR COURTS 3.1 THE FEDERAL COURT The Federal Court is the highest judicial authority in the country. It was established pursuant to Article 121(2) of the Federal Constitution. Its decision binds all the courts below. Prior to 1st January 1985‚ the superior courts system in Malaysia
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Model Answer 1 Every citizen is protected under the Federal Constitution which entrenches certain ‘fundamental liberties’. In this context‚ explain what is meant by ‘fundamental liberties’ and state the main liberties so entrenched in the Federal Constitution. (10 marks) (This question tests the candidates’ knowledge on ‘fundamental liberties’ as provided for in the Federal Constitution.) The phrase‚ ‘Fundamental Liberties’‚ refers to certain rights‚ which may be considered as basic and essential
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KIRAT DYNASTY Ø Kirat’s ave mentioned in Ramayan and Mahabharat. Ø Himayat Khand mentions about Kirat. Ø Hilly area s East to trisuli is mentioned as Kirat area. Ø It is move relevant that areas from sunkoshi East is Kirat.Any how Kirat were living in North East of Himalaya and according to Sopal Vansavali they were inhabitant area between sunkosi to Tawalcosiie they came to valley from East. Ø Certain histories are of the obevious that the NEWARS were Kirats living between Gandaki to
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MALAYSIAN LEGAL SYSTEM TOPICS CLASSIFICATION OF LAW 1. Public law (Between the Individuals and the State) 2. Private Law (Between the Law and Individuals) 3. International Law (Law between States) SOURCES OF LAW 1. Historical Sources 2. Place 3. Legal Sources: a) Written Law b) Unwritten Law Written Law Unwritten Law Syariah Law - Federal Constitution - Principles of English
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