Hierarchy of Courts.docx - Law Gov Sources of law continued Legislation Legislation takes precedents over common law Legislation refers to a body of

Hierarchy of Courts.docx - Law Gov Sources of law continued...

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Law & Gov 20/09/17 Sources of law continued Legislation Legislation takes precedents over common law. Legislation refers to a body of legal rules which are written down by the law-making body of a state. That body is parliament. Section 48 paragraph 1 of the constitution states that parliament shall make laws for the peace, order and good governance of Jamaica. Parliament is also given the power to delegate its law-making responsibility to other authorities and the laws made by those authorities are called delegated legislation or subordinate legislation. Parliament’s reason for this is to not clutter the act with the little details hence why delegated legislation takes place. Functions of Legislation To revise common law rules To codify pre-existing law by bringing all rules on a subject matter into one document. Clarifying the law by way of amendments To change the law in response to pressure groups eg. Environmental groups Legislation, as opposed to common law which builds on previous case laws, legislation is created, is dynamic and is an effective tool for law reform. International Law This largely concerns the relationships between states, however, it also concerns relationships with international organisations and individuals, especially under the area of human rights, they now have duties and responsibilities that fall within/ under international law. The two main sources of international law are: Treaties and Customs Treaty- an international agreement concluded between states in written form. Eg. I.C.C.P.R. (international covenant on civil and political rights) and I.C.E.S.C.R. (international covenant on economic, social and cultural rights) Custom- is made up of two elements state practice and Opinio juris (Latin). State practiced activities done by officials of the state in an official context. Eg. Policy statements, diplomatic correspondents.
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Opinio juris is the psychological belief that this practice is required by law.
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