Statutory law

Parliamentary sovereignty means that Parliament’s power is unlimited and it can make law on any subject matter. No one can limit the law - making power of any future Parliament. It is impossible therefore for any Parliament to pass a permanent law or in other words to entrench an Act of Parliament. According to Dicey, parliamentary sovereignty means that Parliament has the “right to make or unmake any law whatever”. This basically means that there is no limit on the subject matter on which…

Introduction In Canada, labour law regarding the collective bargaining rights in provincial jurisdictions is complex and varied. Under provincial labour relations legislation, employees, the union, and the employer each have rights and duties when industrial disputes arise. These rights and duties are of great significance when a lockout or strike occurs because economic sanctions are an integral component within the collective bargaining process, for the exercise of bargaining powers and rights…

rescind it by passing a resolution. Presidents realize that Congress is more willing to relax control when it knows it can easily reassert its preferences if it disagrees with the bureaucracy’s implementation of a policy. By continuing to honor these statutory provisions, designed to create more flexible principal-agency relations, the…

government and the governed. Like every other pact or agreement, it identifies all mutually agreed powers, duties and obligations and limitations and also identifying citizen participation in the government (Texas Politics). These provide fundamental law on which legal systems are established. But the government does give power to states to govern its people and still comply under the federal government as a whole. Both U.S and Texas constitutions are similar in many ways, but their difference…

broad ratios avoid silos, with regard to the flood-gates argument. Section III will state the inappropriate application that narrow ratios can form in relation to privacy law in New Zealand. This essay will conclude that broad ratios further reflect social attitudes and prevent certain minority groups being excluded from the law, and therefore society. I) The flexibility of broad ratios With broad ratios the rule can be extended to include other aspects, such as that in the case of Donoghue v…

institutions that are the sources of five kinds of law in the US. Describe each institution and the kind of law it produces. (5 points) CONSTITUTION CONVENTION The Constitution is the fundamental or supreme law of the country; it establishes the government, sets forth the principles through which the government operates and designates rights to both the government and the territories that fall within that constitution. Since it’s the supreme law of United States it compromises of fundamental…

freedom of contracting parties to alter the face of the arbitration process. The gravitational force of arbitration has tended to sweep up all sorts of other alternative dispute resolution mechanisms, causing them to benefit from the legitimacy, and statutory protection,…

The Family Law Act 1996 Part IV contains all the injunctive orders that can be sought regarding domestic abuse. Non-molestation orders are defined within s.42 Family Law Act 1996, specifically s.42(1) as a “provision prohibiting a person…from molesting another person who is associated with the respondent” and a “provision prohibiting the respondent from molesting a relevant child”. Molestation deliberately does not have a statutory definition as if a precise definition were to be created,…

backgrounds and ideologies as we do. With no specific terminology in the Charter that includes employment law, we must look between the lines and find the connections that lay within. The Charter provides the roadmap for Canadian principles and social values; it lays out the rights and freedoms we have as a people, and promotes the protection of those human rights through its laws. Employment law is not addressed directly in the Canadian Charter of Rights and Freedoms, however, our…

was reversed. 6. Principle of Law: An individual’s entitlement to enforcement of a restraining order does not constitute a property interest for purposes of the Due Process Clause. 7. Analysis: This case addresses the important issue of whether or not certain statutes allow for broader or narrower police discretion in their enforcement. The dissenting judges believed that the State of Colorado’s intention regarding restraining orders was made clear by the statutory language and that the state…