Table of Contents
a. A law is a framework/system of legislations that compel people to conduct themselves in a particular manner, whereas the violation of it attracts a penalty or an undesirable consequence. It is a means of social control that maintains order in the society as well as defines the responsibilities and the rights of one or groups of individuals (The Open University, 2015). The following is a deeper explanation of some terms used in the field of law.
“Common laws” are rules formulated by courts, juries or tribunals handling specific issues that are controversial. Verdicts stipulate such rules that are regarded as responses to the specific problems at hand. However, they determine the decisions of cases of a similar manner in the future. The common law system is a legal system that focuses much on the case laws and the rules formulated through judicial verdicts. It considers actions and predictions as opposed to realities and dwells on specific problems in contrast with the civil law systems that handle issues in a wider range. The type originated from Britain and spread to its former colonies that constitute the Commonwealth nations. Due to the similarities of the common law systems in many jurisdictions, the respective authorities borrow ideas from each other to seal the gaps or provide guidance during the hearing of cases. The hierarchy of courts compel the lower courts to adhere to the decisions of the higher level, and the system, in general, enhances the accessibility of court verdicts.
b. A statute is a formally written rule created by a legislative body/parliament through a democratic process. The legislation governs a city, country or a state, and it entails the prohibition of certain behaviour, actions or declaration of policies/directives. The laws provide a primary authority, thus, acquiring the status of supremacy in the respective territory. The examples of statutes include health and safety laws, consumer protection laws and the anti-discrimination rules.
ustice is the result of usage of the law as a tool. The former interconnects with the concepts of morality and law, entailing the fair or non-partisan action or judgement that subscribe to the legality, honesty, impartiality, and rightfulness as the standards of morality (The Open University, 2015).
Substantive justice regards the justification components of law, and these are the legal principles formulated by courts and the legislative bodies. The cultural and moral values of the community/society in which the law operates determine whether the law is just or not. For instance, a justification for a law that prohibits prostitution depends on the societal perceptions and the attitudes towards the vice in question. Unjust laws have severe effects on the social order and may trigger rebellion or unrest. For instance, in the 18th Century, the tax imposed by the British colonial masters on tea imports into the United States led to the American War of Independence.
The formative justice entails fairness in the application of the legal principles This implies the prevalent equal treatment of people in similar scenarios/episodes. Judges should observe impartiality when determining cases. It means they must not consider the warring parties in a perspective beyond their dispute. Regulatory policies, such as planning, health and safety, financial services legislations, must not discriminate against a given group of people or individuals. The rule of the law is crucial as it promotes justice, as well as suggests that states power must conform to the law. Thus, the latter determines what the former can or cannot do. It further guarantees the equality of all individuals before the law irrespective of their social, economic or political statuses. Lastly, the arrests and punishments of individuals must adhere to the law, so only court issued warrants must authorize apprehension of suspects.
Many states have the doctrine that citizens possess the power through their representation in the legislative assemblies. Parliamentary sovereignty refers to the legislative supremacy in parliamentary democracies and entails a concept in the Constitution that gives the law-makers absolute dominance over the other government arms, namely, judiciary and the executive. The body has the authority to alter existing laws; therefore, nothing can bind the house to a given legislation. Such legislative bodies exist in the United Kingdom, Israel, Finland, and Sweden. The members of the parliament have the capacity to enact rules regarding any issue by majority vote. As the supreme law-maker, the house is not accountable to the court (Oliver, 2013).
The doctrine is disadvantageous as it compels the juries to implement any rule passed by the houses disregarding the constitutionality. Then, this contributes to the politicization of the law as well as the course of justice. Additionally, the controversy that surrounds the issue lies in the question of what mechanisms can regulate the behaviour of the politicians to make sure that they observe sanity and rationality when making laws. Considering the relationship between the judiciary and the executive on one side and the members of parliament on the other side is very important due to the potential conflicts that the arms of government face in their line of duty.
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a. Writing in own words is beneficial because it facilitates a student’s advancement of intellectual capabilities by promoting the understanding of synonymous words, increasing the ability to comprehend as well as interpret information. Learners also enhance their thinking by reading and understanding information before writing it down. Respecting other scholars by avoiding the unnecessary use of their work is also of great importance.
b. Failure to acknowledge the ideas borrowed from other scholar’s work is regarded as an undesirable habit. It manifests a variety of weaknesses such as inadequate skills required for study, as well as a low level of comprehending the relevant educational requirements. Besides, it also amounts to an obvious academic fraud in the form of deliberate cheating.