DANCEST 805 Lecture Notes - Lecture 2: Legal Certainty, Separation Of Powers, Food Security

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25 Sep 2020
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Thus, a rule exists and is valid if it was made by parliament: example 2: a rule was created by means of a contract. A rule about contract would then hold that rules created by means of contracts are valid: effectiveness is not required, e. g. jay walking, nowadays, most legal rules are institutional rules because of the sources thesis. Legislation is a way to create new rules and to modify or derogate existing ones. To create a law, a legislator (institution) must have the competence to do so. Therefore, the legislator is only confided to making laws that apply to: particular person, e. g. persons with a particular nationality, particular territory, e. g. territory of a state or municipality, particular subject matter, e. g. food security or financial markets. Another important concept is the trias politica: it"s the division of state functions among three different institutions, goal: avoid an overly high concentration of power in the hands of a few individuals.

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