Law chapter 1 Flashcards
Def. Monistic systems
Treaties only have to be published to become law
Enacted law
Law made by a body invested with the power of law making
Order of four types of enacted law
- Treaties, 2. Constitution, 3. Statutes, 4. Governmental regulations
Case law
Law formed by judicial decisions (always made in relation to a concrete case)
Two types of unwritten law
Customary law and general principles of law
Customary law
Often invoked as a last means of ruling, it refers to rules that have been practised uniformly and constantly, yet is not in enacted or case law.
General principles of law
This is a set of unwritten law that forms the basis for the general principles of law. These principles are the abstract norms that form the foundation of legal values. More often they are invoked to support particular interpretations of rules and to supplement them aswell.
Dutch law context
Tolerant, pragmatic attitude, regulated tolerance