Administrative law: The body of law created by administrative agencies (in the form of rules, regulations, orders, and decisions) in order to carry out their duties and responsibilities. Common law: That body of law developed from custom or judicial
How effectively does Congress fulfil its constitutional roles? To start of this essay we must first understand what the role of Congress actually is? The United States Congress is the bicameral legislature of the federal government of the United States consisting of two houses: the House of Representatives and the Senate. It is the law-maker which is the primary and most important function of the legislature. It is through laws that policies of government are laid down for implementation.
According to the textbook the Constitution has three functions the first being to set up a structure for the federal government and rules for modifying the constitution, second provide powers for branches of the government and third to grant protections and liberties for United States Citizens from illegal or unlawful government practices. After understanding that the Constitution lays the ground work for the established legal system as we know it. Along with the guidelines that are followed lawfully ethics and values plays a role in how laws are followed and interpreted. Different laws address different issues and pertain to specific areas. Established laws are also implemented to safeguard citizens from harm, possible inequities and illegal behavior.
Kedrick King Lesson 1 assignment 1-1 How does statutory law come into existence? How does it differ from the common law? If statutory law conflicts with the common law, which law will govern? Statutory law comes into existence when elected officials pass laws. Common law differs because it’s a law that is created by judges is based on past court decisions.
Secondly there is Common Law, Common law includes legal principles that have been developed and applied by UK courts. The courts interpret and clarify the law where there is no clear statute law. Common law takes legal precedent made by judges, for example, the right of homeowners to tackle intruders who enter their property. Government ministers may clarify or amend common law trough Acts of Parliament. The common law also includes customs and precedents that have become accepted practice.
Canadian Legal Research and Citation Guide Chapter 1: Introduction to Legal Research and Citation This chapter provides an general overview of ▪ primary and secondary resources ▪ the process of legal research ▪ Legal terminology and citation. Primary and Secondary Legal Resources It is common to divide the world of legal information into two broad categories: ▪ Primary legal resources include: ▪ (i) legislation (statutes, regulations, and orders-in-council) and ▪ (ii) case law (decisions of courts and administrative tribunals). Primary legal resources are the products of official bodies with the authority to make law. Thus, primary legal resources can affect the legal rights of citizens.
The legislature is the law-making body, and is comprised of the House of Commons and the House of Lords. The legislative function involves ‘the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive is all the institutions and persons concerned with the implementation of the laws made by the legislature. It involves central and local government and the armed forces. The role of the executive ‘..includes initiating and implementing legislation, maintaining order and security, promoting social and economic welfare, administering public services and conducting the external relations of the state.
The Supreme Court is made up of many justices that have beliefs in two different judicial philosophies. These two philosophies are that of judicial activism and strict constructionism. These philosophies differ quite a bit from one another, but they both work toward the same main goal. Both philosophies play a part in court cases, mainly when it comes to deciding on a final ruling or holding. Judicial activism is a judicial philosophy that states that a court has the right to, and should go beyond what is stated in the Constitution about an issue that is being brought up and look towards “broader” suggestions of the impending decision on said issue.
A closer analysis of the United States’ system of government might reveal that the Judicial Branch holds a great deal of power. One of the most significant powers of the Supreme Court is the power known as judicial review. This paper will examine the establishment of judicial review doctrine and discuss the primary functions of the concept: empowering the judicial branch, balancing the branches, and protector of constitutional liberties. The powers of the Judicial Branch are expressed in Article III of the United States Constitution. However, judicial review is not explicitly stated among
Constitutional construction is one mechanism by which constitutional meaning is elaborated. It works alongside constitutional interpretation to elaborate the existing constitutional order. The process of constitutional construction is concerned with fleshing out constitutional principles, practices and rules that are not visible on the face of the constitutional text and that are not readily implicit in the terms of the constitution. We can imagine a continuum of actions that political actors can take under a Constitution, ranging from policymaking to revolution. At one end of the continuum, political actors can take constitutional forms as a given and make policy decisions under it, filling government offices and exercising government power in (constitutionally) noncontroversial ways.