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Author Topic: Sources of law revamp.  (Read 2855 times)
JDCorley
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Posts: 3


« on: January 28, 2007, 01:01:20 PM »

I have been doing modest cleanups and corrections to the "Law of the United States" article, which was in fairly okay shape when it came over from wikipedia. It occurs to me that maybe what is needed for this and other articles about sources of law is an entirely different page structure, in which the "hierarchy" of sources of laws is laid out and people can go to whatever level is needed. There could then be a separate article on relationships between these sources of laws. This has the advantage that it makes it very clear where in the hierarchy the law comes from, and does as best we can to untangle the threads. The disadvantage is that the top-level articles like 'Law Of CountryName' will become much smaller and less detailed.

The same could be true (if less tangled) for other countries with multiple sources of law...

What is the thought of the workgroup on this?
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Frank_v._Geelkekren
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Posts: 6



« Reply #1 on: February 22, 2007, 05:27:05 PM »

Well I think it is better to make the general page of each country shorter if this way it is easier to explain the difference in levels.
I am however a bit puzzled in your choice of words regarding a "hierarchy" in legislation.
Maybe this is because in Anglo-Saxon countries common law, and in continental Europe civil law is practiced, but as I understand your comment we (continental Europe) do not have the kind of Hierarchy you mention.
We only something similar to a hierarchy in this sense

International treaties e.g. art 10 ECHR
             |
Constitution e.g. art. 8 Dutch Constitution
             |
National Legislation e.g. art. 2 section 2 Dutch general law on trespassing
             |
Local "legislation"  e.g. a building permit
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Howard C. Berkowitz
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Posts: 1754


« Reply #2 on: June 12, 2009, 08:09:10 AM »


Sources of law are the materials and processes out of which law is developed. In modern nation states, the basic sources of law include a Constitution, statutes, case law, and regulations issued by government agencies.

I see this is the second post, giving a different pseudonym bu the same link to California Orange County Lawyer, to a member forum.  We would welcome more legal participation, but our rules require real names and verification. Rather like the oath in a court, don't ya know?
« Last Edit: June 12, 2009, 04:34:06 PM by Hayford Peirce » Logged

http://en.citizendium.org/wiki/User:Howard_C._Berkowitz

Prime Minister, you can't take the bull by the horns if you're grasping the nettle. I mean, if you grasped the nettle with one hand, you could take the bull by one horn with the other hand, but not by both horns because your hand wouldn't be big enough, and if you took a bull by only one horn it would be rather dangerous because...' (Yes Prime Minister II, pp. 221-2)
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