International Law And Public Law Essay

1638 Words Nov 3rd, 2014 7 Pages
International/Public law concerns the laws effecting inter-state relationships and state/international institutions; such as the United Nations; as in Treaty of Rome 1957 . Institutions create international law such as the ECHR . National law deals with issues only within its own jurisdiction. International law is consensual – 47 states have currently signed the ECHR. National law makes binding precedent based on its own constitution and legal system. International law is also still relatively undeveloped compared to national law.
1b) Statute is government created law; this is sovereign and can overturn common/case law. Such as employment laws; once a common duty of care now covered by statutes like Employment of Women, Young Persons and Children Act 1920 . Statute’s significance is greatly increasing; yet courts still play an important role in interpreting law. Through the concept of stare decisis these interpretations become binding precedent. A common criticism of common law is its inflexibility due to this principle where as statute law could potentially adapt quicker.
1c) Public law concerns government and state institutions and their rights and responsibilities. Further subdivided into constitutional (setting out powers for government organisations and the relationship between state and society); administrative (regulates administration of public policy and allows action to be taken where powers have been abused as in London Borough of Lewisham and another v Trust…

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