If function of the courts is to interpret the law how do they become a source of the law discuss this statement?
The courts determine what the law says when it was passed by the legislature. The wording may not be what the legislature intended. Then the court is stating a position and law enforcement and people will depend upon their interpretation of what it means. It is doubtful that the original writers and approvers of the Constitution intended for it to be against the law for there to be prayer in school. Or that the pledge of alligence would be banned from public schools.
They essentially make law when they have to interpret the meaning of the statute. Also, if there is no statute on the issue, they make law in equity.
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The courts interpret a law when the meaning, application, or constitutionality of a law is part of a case before the court. Appellate courts are more likely to be called upon …to interpret laws than trial courts.
If Congress disagrees on how the Court interprets a law, Congress amends the law to make the wording more clear on what Congress intends it to mean. The Supreme Court has the …last say on the interpretation of a statute even if it knows Congress wants it interpreted a certain way. But once the statue is amended to make its intent clear, then the Court has to deal with the new wording.
Law is wIf function of the courts is to interpret the law how do they become a source of the law discuss this statement?
This answer applies only to common law countries. If someone with knowledge of civil law countries wants to add anything that would be awesome. Generally there are two main s…ources of law. There is statute law (legislation) which is made by the government; and then there is "common law", which traces it's roots back to customs in England. Generally in any court case the court has to determine what the law is on a particular matter. This sounds straight forward, but can be difficult, depending on the circumstances of the case. When it does this, it essentially becomes a source of law. While the wording of legislature provides a frame, courts fill in some of the substance. In other cases the wording might not be very vague at all, but it may set out factors the court must consider, and then come to a reasonable conclusion. This could also be seen as the court being a source of law, by interpreting it. Regarding common law, depending on the country you are in, different parts of the law may be left to the common law. This means that you cannot read a statute to find out what the law is, but must read the cases. Judges use older cases to determine what the law is, then either apply it (if that works), extend it (if the case is outside the borders) or change it (if it is no longer fair and just). In this role they both create the law (although they usually pretend that they are only discovering what it is) and apply it.
Custom is a key source of law. A lot of laws start simply ascustoms. As time goes on and the custom becomes more accepted andpart of society, law makers may then codify that c…ustom into law.
Yes it can be. This is called CASE LAW. And this is when a case comes in that perhaps there are laws for indirectly. When a judge makes a ruling on the case then this is calle…d CASE LAW and future judges will likely follow this ruling for similar cases.
Islamic law is based upon four main sources: . The Quran: Muslims believe the Quran to be the direct words of Allah, as revealed to and transmitted by the Prophet M…uhammad. All sources of Islamic law must be in essential agreement with the Quran, the most fundamental source of Islamic knowledge. When the Quran itself does not speak directly or in detail about a certain subject, Muslims only then turn to alternative sources of Islamic law . The Sunnah: Sunnah is the traditions or known practices of the Prophet Muhammad, many of which have been recorded in the volumes of Hadith literature. The resources include many things that he said, did, or agreed to -- and he lived his life according to the Quran, putting the Quran into practice in his own life. During his lifetime, the Prophet's family and companions observed him and shared with others exactly what they had seen in his words and behaviors -- i.e. how he performed ablutions, how he prayed, and how he performed many other acts of worship. People also asked the Prophet directly for rulings on various matters, and he would pronounce his judgment. All of these details were passed on and recorded, to be referred to in future legal rulings. Many issues concerning personal conduct, community and family relations, political matters, etc. were addressed during the time of the Prophet, decided by him, and recorded. The Sunnah can thus clarify details of what is stated generally in the Quran. . Ijma' (consensus): In situations when Muslims have not been able to find a specific legal ruling in the Quran or Sunnah, the consensus of the community is sought (or at least the consensus of the legal scholars within the community). The Prophet Muhammad once said that his community (i.e. the Muslim community) would never agree on an error. . Qiyas (analogy): In cases when something needs a legal ruling, but has not been clearly addressed in the other sources, judges may use analogy, reasoning, and legal precedent to decide new case law. This is often the case when a general principle can be applied to new situations. . refer to link below .
The US Supreme Court justices interpret the Constitution to determine whether federal laws are in compliance, or legal. If not, the federal law becomes null and void and is un…enforceable. They may also interpret a written law to determine whether it is too vague or over-broad to be applied, and may analyze the language of the law to determine whether an otherwise constitutional law is being applied unconstitutionally.
Definition and meaning of law: Law could be defined from different perspective. These perspectives will be explained below; Briefly, law is a body of rules that regulates co…nducts of individual in the society and it is administered and enforced by constitutional authority, in other words, law is the body of rules of social conduct which one recognized as obligatory by the people whose conduct it guides and which visits specific sanctions administered by authority. Law is said to be the principle and regulations established in a community by some authority and applicable to its people, whether in the form of legislation or of custom and policies recognized and enforced by judicial decision. Law is when every group in a society work together and agree on what is best for then in other to maintain stability in their society. Law is very important in a society as it represent the values of the community as a whole. Law is a complex whole of many phenomena. The phenomena include the norms regulating behaviour and the machinery for their enforcement and administration. These norms that constitute the law present an orderly picture of the society in which the norms operates. Laws are made to take care of the interest of a particular group i.e. the rich people. This is because the rich people are in position to influence the making of law because they dominate the economy; therefore, law tends to resolve the constant conflict between the rich and the poor. Law is said to be impartial as it is agreeable to everyone within the society. According to John Austin (a Lawyer) he defined law as "a rule laid down for the guidance of an intelligent being an intelligent being having power over him. This definition conforms to the imperative or command theory of law." John Salmond also defines law as " the body of principles recognized and applied by the state in the administration of justice." Sources of Law Sources of law are the materials from which legal rules are made. These materials includes: Customs, religious believe, morality, habits, mores and folkways, whether written or not. Hence, legislation, codification, judicial precedents and equity are also sources of law. 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. Sources of law for public international law and religious law differ, however, from the primary law of individual countries. The natural law theory argues that some rules objectively existing in the nature also are source of law, while legal positivism argues that only the rules made by sovereignty can be the sources of law. When talking about legislation as a source of law, it is the laws that result from activities of a law enacting body such as the legislature. In other words, when a group of people usually representing the sovereign, sit down to consciously deliberate and enact laws. Such body is regards to as legislature. The Customs and judicial precedent is another source of law which combines with the decision of judge in decided case of the past. Judges are bond by decision already reached by court in the past, when they are confronted with a new case with similar facts in this way, custom and judicial precedent serves as a source of law. Fairness and justness is another source of law which is commonly known as Equity. It enables one to ask if justice has been done even when the law has been followed to the letter. Adeyanju Ayotunde Email email@example.com
With going really in-depth,some of the main sources of Nigerian law happens to be 1.Common law and Equity as handed down by the British who once colonised Nigeria.Most of the …common law practises became entrenched in the Nigerian legal system as a result of British rule 2.Local Legislature:these are laws which were brought to being through the powers of the houses of assemblies in the political dispensation or edits and decrees in the military dispensation.These were laws brought in place to fit the peculiarities and meet the needs germain to the Nigerian people. 3.Custom and tradition of the people:the customs and traditions of the people were also recognised and brought into force as so far as the pass the repugnancy test,which amongst others state it must not fall foul of natural law equity and good conscience,must not be repugnant to natural justice or fall foul of the written law.
discuss the variouse sources of government
Courts in Britain sat either in law or in equity. Courts in the United States frequently have both types of status or power. Legal remedies are essentially monetary in natur…e. Equitable remedies ordinarily require action instead of money. For instance, an injunction or temporary restraining order is an equitable remedy.
the word sources mean the development of which law become existing or the derivation of law. That is the meaning of the word sources of law.
In US Constitution
Yes. A court's function is to interpret and apply the laws.
In Law & Legal Issues
legislature IS law...laws originate with the legislative branch of government...while the other two branches(executive and judicial) have to approve
In US Constitution
In US Supreme Court
it can declare a law unconstitutional
In US Supreme Court
interstate commerce act, sherman antitrust act, national laborrelations act