1) Laws may be defined as a body of rules which are enforced by the state. There are two types of laws in Malaysia‚ those are written law and unwritten law. Written laws are laws which have been enacted in the constitution or in legislations. Besides‚ written laws refer to the law that is contained in a formal document and which has been passed by a person or body that is authorised to do so. In Malaysia‚ which has a written constitution‚ written law consists of the Federal and State Constitutions
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Aquinas on Law Aquinas talks about general law. Aquinas has definition of general law: “nothing other than a certain dictate of reason (rationis ordinatio) for the common good‚ made by him who has the care of the community and promulgated." According to Aquinas‚ the law is based on a reason. The purpose of a proper function of the law is to promote common good given out by the person who has a leadership. He talks about four types of law. These laws are eternal law‚ divine law ‚ natural
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accountability 8 1. Political accountability 8 2. Financial Accountability 8 3. Administrative Law accountability 9 4. Ethical responsibility and integrity 10 Red-Light‚ Green-Light 11 Red Light Approach 11 Green Light Approach 11 Amber Light approach 11 Foundations of Administrative Law 12 Accountability across the public/private divide 13 Legality: rules‚ discretion & policy 15 What is administrative law? 15 Legality 15 Categories of Government Legal Entity 15 Sources of Government Power
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Unwritten law is law that has not been enacted by the legislature (Parliament and the State Assemblies) and this law is not found in the written Federal and State Constitutions. This law is found in cases‚ which have been decided by the courts and local customs. Unwritten law is mainly comprised of: 1. English Law English law forms part of the laws of Malaysia. English law can be found in the English common law and rules of equity. However‚ not all of England’s common law and rules of
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Administrative law is the law that determines the organization’s powers and duties of administrative officers. It is the law relating to the administrative government. It concerns itself with public authorities and how they function. Administrative law is the body of general principles that govern the exercise of power by authorities. Wade defines Administration Law as the Law relating to control of government power.1 He further assets that the primary purpose of administrative law is to keep the
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Problem Questions ------------------------------------------------- Question 1 Based on the question‚ the issue in the question is will there be a contract of sale of goods act 1895(SA) under s 1? Hence‚ the law is s 1 where a contract of goods is a contract whereby the seller transfers or agrees to transfer the property the goods to the buyer for a money consideration based on the case Toby Construction Products Pty Ltd v Computer Bar Sales Pty Ltd. The application is under s1 sale of goods
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The Role of Law Esther Sellers The role of law in business is at the heart of everything we do as a United States. The forming of the United States and our Constitution is at the heart of all of our legal decisions. We hold the constitution up to the scrutiny of every case that is presented to the courts. Our laws are created by our executive branches and legislative branches and upheld by our courts. When a federal law is created there are many processes that it goes through
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The role of the law "is a system of rules usually enforced through a set of institutions". (Wikipedia‚ 2007) These rules are governed and regulated as specific types of laws. Some types of laws are constitutional laws‚ which exist only at state and federal levels. (Mallor et al.‚ p.2‚p.3) This types of law sets up structure and oversee prevention of other government levels. (Mallor et al.‚ p.2‚p.3) Another type of law is Statues in which elected representatives draft a book or code that is authorized
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Module 4 1. In Roman law - particularly in The Body of the Civil Law – what does "natural law" refer to? According to Roman law‚ specifically The Body of the Civil Law‚ natural law refers to laws that apply to both animals and humans. 2. Describe Aquinas’s distinctions between eternal law‚ natural law‚ human law‚ and divine law. According to Thomas Aquinas‚ there are four distinct types of laws; eternal law as the most faultless and complete set of Gods law that rules the entire community
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Classification of Laws An important method of classifying law is according to the system in which it is created. • common law Rules of law created by the courts through judicial decisions. Courts “make law” as part of the process of deciding cases and controversies before them. The case law created in this process is based on a doctrine known as stare decisis. This doctrine is based on the notion that prior decisions provide guidance that should be followed in subsequent cases involving the
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