Law 2101 Chapter Notes -Mischief Rule, Statutory Interpretation, Ratio Decidendi
Document Summary
Sources of law: the constitution, statutes (enacted by federal parliament or provincial legislature, federal or provincial regulations, decisions rendered by judges in the cases they decide. International law is also a source of law. Two major sources of law: law made by courts (common and case law, law made by legislature (statute law) Common law deals with changing social or legal disputes only as the emerge in actual disputes (cannot anticipate them). Response to new situations is built up slowly, case by case. Common law is at a disadvantage in confronting rapid social change. Legislation (statutes) are better equipped to deal with social change (e. g. can be enacted in anticipation of future events and are very broad). Legislation is unable to deal with many of the details of the law. The cabinet is responsible for filling these in. These laws, enacted by the cabinet are knows as delegated legislation or regulations.