The Importance Of International And Public Law

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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
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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 Special Administrator appointed to South London Healthcare NHS Trust and another ) and criminal law (enforcement of laws prohibiting certain anti-social behaviour). Private law concerns laws between different individuals, this can range from contract law, tort, succession and family law. Unlike public law in private law individuals must seek actions …show more content…
This being said since 1689 these powers have decreased and are more theory based. He also described it as supreme, as a unitary constitution Westminster Parliament can create legislation for the entire UK. Westminster can adapt powers of subordinate legislatures as seen in Scotland Act 1998 , Northern Ireland Act 1998 and the Government of Wales Act 1998 . Another description he made of the UK constitution is that it is unwritten or uncodified; the convention has been created over centuries of historical developments. Created through different sources: Constitutional Statutes, the main written element within the constitution for example the Magna Carta 1215 and the Bill of Rights 1689 . Constitutional conventions are another element which although are unwritten are still equivalent to statutes such as the 'Ponsonby Rule ' of 1924. Conventions are traditional expectations created through informal rules which cannot be court enforced as they are unwritten. Royal Prerogative is the final element which originally held vital significance, many of the powers set out are now used by government. Few elements still held my Monarchy: the appointment of the Prime Minister and royal assent of legislation. Finally, Barnett described the constitution as flexible due to its ability to adapt conventions with evolving

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