These laws carry with them the power and authority of the enactor, and associated penalties for failure or refusal to obey. Law derives its legitimacy ultimately from universally accepted principles such as the essential justness of the rules, or the sovereign power of a parliament to enact them. Law is a description of a direct link between cause and effect of a phenomenon deduced from experiments and or observations. Law is a binding custom or practice of a community. Law is a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.
The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
In that sense international law is a law. In case of international disputes states do not deny the existence of international law. In some states like U.K and U.S.A international law is treated as part of their law. It has been laid down by the statue of the international court of justice that disputes can be solved by solving international law and international treaties. International conferences and conventions also treat international law as law in its true
III. Sovereignty and Private International Law A. The general context Private international law, by its very nature, requires a framework for understanding relationships among states in the regulation of private party conduct. This is demonstrated by the interchangeable use of the terms “conflict of laws” and “private international law.” Whether it is jurisdiction, applicable law, or recognition of judgments, we are dealing with the way in which different sets of internal legal rules, developed by different sovereign entities, should be applied to private party relationships in a judicial context. A simple approach to such matters is to elevate the local sovereign and its laws over the foreign sovereign and its laws.
It must be for a proven breach of the established law of the land »6 In addition it exists an act called the Act of Parliament, which requires legal regulators to support the constitutional principle of the rule of law. Lord Hope also said «The rule of law enforced by the courts is the ultimate controlling factor on which our constitution is based»7 The rule of law is therefore prevalent in our legal
The first theory called classical theory explains a legalistic point of view. It forwards a law-like definition by classifying conditions that must fit the federalism criteria (304).
However, the influence of power in both systems varies greatly. The same way domestic politics is connected to law mirrors the same way international law is connected to world law. Just as domestic law has a legislature that creates the laws, the international system has a similar structure. The United Nation General Assembly can arguably be considered the legislative branch for international law because they are an entity that established rules, principles, and concepts of international law. Treaties are an important aspect of international law as well.
The power of judiciary to review and determine the validity of a law or an order may be described as the powers of Judicial Review. The Constitution of India is the supreme law of the land. The Supreme Court of India has the supreme responsibility of interpreting and protecting it. It also acts as the guardian-protector of the Fundamental Rights of the people. For this purpose, the
But then again there is a broad logic sense in which we know that there are principles by which political organization work. A codified constitution is one in which key provisions are collected together in a single legal document, this document would be regarded as the highest law of the land. Uncodified constitutions have a legislature with supreme authority having the right to make whatever laws it chooses. Finally, the United Kingdom has a constitution, as there are laws, institutions, and customs which combine to create a system of
Law is a set of rules for the people of a state/region to abide based on relevant values and principles that should be upheld by that society. Domestic law is established within the three branches of a typical government of a nation state: Executive, Legislative, and Judicial. International law, however, lacks a structure as defined as domestic law. The foundation of international law dates back to the origins of the state, and from there, the concept evolved with the ideas of many great theorists. Hugo Grotius, is considered to be the “Father of International Law” (Rourke, 2001).