The Law Portal
Law is commonly understood as a system of rules that are created and enforced through social or governmental institutions to regulate conduct, although its precise definition is a matter of longstanding debate. It has been variously described as a science and the art of justice. State-enforced laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or established by judges through precedent, normally in common law jurisdictions. Private individuals can create legally binding contracts, including arbitration agreements that may elect to accept alternative arbitration to the normal court process. The formation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people.
Legal systems vary between countries, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges make binding case law through precedent, although on occasion case law may be overturned by a higher court or the legislature. Historically, religious law influenced secular matters, and is still used in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.
Law's scope can be divided into two domains. Public law concerns government and society, including constitutional law, administrative law, and criminal law. Private law deals with legal disputes between individuals and/or organisations in areas such as contracts, property, torts/delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions.
Law provides a source of scholarly inquiry into legal history, philosophy, economic analysis and sociology. Law also raises important and complex issues concerning equality, fairness, and justice.
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the states to its citizens and the duties and the rights of the citizens to the State. These sections comprise a constitutional bill of rights for government policy-making and the behaviour and conduct of citizens. These sections are considered vital elements of the constitution, which was developed between 1947 and 1949 by the Constituent Assembly of India.
The Fundamental Rights are defined as the basic human rights of all citizens. These rights, defined in Part III of the Constitution, applied irrespective of race, place of birth, religion, caste, creed, or gender. They are enforceable by the courts, subject to specific restrictions. The Directive Principles of State Policy are guidelines for the framing of laws by the government. These provisions, set out in Part IV of the Constitution, are not enforceable by the courts, but the principles on which they are based are fundamental guidelines for governance that the State is expected to apply in framing policies and passing laws. (more...)
Choor Singh Sidhu (19 January 1911 – 31 March 2009), known professionally as Choor Singh, was a judge of the Supreme Court of Singapore and, particularly after his retirement from the bench, a philanthropist and writer of books about Sikhism. Born to a family of modest means in Punjab, India, he came to Singapore at four years of age. He completed his seondary education in the top class at Raffles Institution in 1929, then worked as a clerk in a law firm before becoming a civil servant in the Official Assignee's office.
Encouraged by the Assistant Official Assignee to study law, Choor Singh enrolled as an external student at the University of London and compleed the LLB. In 1948 he was appointed a coroner, and the following year was elevated to the post of magistrate, becoming the first Indian to hold such a position in colonial Malaya. He became a Barrister-at-Law in 1955, a district judge in 1960 and a judge of the Supreme Court in 1963. Especially noted for his criminal judgments, Singh was the first Singapore judge to impose the death penalty on a woman. (more...)
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies.
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Following is an example of a noted statute or comparable written law:
The Act on National Flag and Anthem (国旗及び国歌に関する法律, Kokki Oyobi Kokka ni Kansuru Hōritsu), abbreviated as 国旗国歌法, is a law that formally established Japan's national flag and anthem. Before its ratification on August 13, 1999, there was no official flag or anthem for Japan. The nisshōki (日章旗) flag, commonly referred to as the hinomaru (日の丸), had represented Japan unofficially since 1870; "Kimigayo" (君が代) had been used as Japan's de facto anthem since 1880.
After Japan's defeat in World War II, there were suggestions to legislate the hinomaru and Kimigayo as the official symbols of Japan. However, a law to establish the hinomaru and Kimigayo as official in 1974 failed in the Diet, due to the opposition of the Japan Teachers Union that insists they have a connection with Japanese militarism. It was suggested that both the hinomaru and Kimigayo should be made official after a school principal in Hiroshima committed suicide over a dispute regarding the use of the flag and anthem in a school ceremony.
After a vote in both houses of the Diet, the law was passed on August 9, 1999. Promulgated and enforced on August 13, 1999, it was considered one of the most controversial laws passed by the Diet in the 1990s. The debate surrounding the law also revealed a split in the leadership of the opposition Democratic Party of Japan (DPJ) and the unity of the ruling Liberal Democratic Party (LDP) and coalition partners.
The passage of the law was met with mixed reactions. Although some Japanese hailed the passage, others felt that it was a shift toward restoring nationalistic feelings and culture: It was passed in time for the anniversary of Emperor Akihito's enthronement. In the countries that Japan had occupied during World War II, some felt that the law's passage, along with debates on laws related to military affairs and Yasukuni Shrine, marked a shift in Japan toward the political right. Regulations and government orders issued in the wake of this law, especially those issued by the Tokyo Board of Education, were also challenged in court by some Japanese due to conflicts with the Japanese constitution. (more...)
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Case law is the collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning “let the decision stand”—is the principle by which judges are bound to such past decisions. These judicial interpretations are distinguished from statutory law, which are codes enacted by legislative bodies, and regulatory law, which are established by executive agencies based on statutes. In some jurisdictions, case law can be applied to ongoing adjudication; for example, criminal proceedings or family law.
In common law countries (including the United Kingdom, United States, Canada, Australia and New Zealand), the term case law is a near-exact synonym for common law. It is used for judicial decisions of selected appellate courts, courts of first instance, agency tribunals, and other bodies discharging adjudicatory functions.
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For examples of noted cases, see Lists of case law. Following is one example of such a noted case:
Cream Holdings Ltd v Banerjee  UKHL 44 was a 2004 decision by the House of Lords on the impact of the Human Rights Act 1998 on freedom of expression. The Act, particularly Section 12, cautioned the courts to only grant remedies that would restrict publication before trial where it is "likely" that the trial will establish that the publication would not be allowed. Banerjee, an accountant with Cream Holdings, obtained documents which she claimed contained evidence of illegal and unsound practices on Cream's part and gave them to the Liverpool Daily Post & Echo, who ran a series of articles on 13 and 14 June 2002 asserting that a director of Cream had been bribing a local council official in Liverpool. Cream applied for an emergency injunction on 18 June in the High Court of Justice, where Lloyd J decided on 5 July that Cream had shown "a real prospect of success" at trial, granting the injunction. This judgment was confirmed by the Court of Appeal on 13 February 2003.
Leave was given to appeal to the House of Lords, where a judgment was given on 14 October 2004 by Lord Nicholls, with the other judges assenting. In it, Nicholls said that the test required by the Human Rights Act, "more likely than not", was a higher standard than "a real prospect of success", and that the Act "makes the likelihood of success at the trial an essential element in the court's consideration of whether to make an interim order", asserting that in similar cases courts should be reluctant to grant interim injunctions unless it can be shown that the claimant is "more likely than not" to succeed. At the same time, he admitted that the "real prospect of success" test was not necessarily insufficient, granting the appeal nonetheless because Lloyd J had ignored the public interest element of the disclosure. As the first confidentiality case brought after the Human Rights Act, Cream is the leading case used in British "breach of confidentiality" cases. (more...)