Civil Law – The Common Law Legal System

Civil legislation is the most dominant legal custom these days in most pieces of the globe. It is that department of legislation which specials with men and women, and/or organizations in which payment is rewarded to the target. E.g. in a vehicle incident, target can assert damages from the driver for the decline or injuries sustained in the incident. Going back again to the heritage of civil legislation, common law follows an adversarial model although civil legislation is extra inquisitorial. Civil legislation is code-dependent. It gives a forum or predefined established of guidelines for deciding disputes involving torts, probate of wills, residence, administrative legislation, industrial legislation and private issues which includes government departments. The civil decide does not interpret the legislation but only adhere to predetermined legal guidelines.

The aims are diverse in civil legislation. There is an attempt to proper a wrong, honor an agreement or settle a dispute. The target will get payment from the particular person who does the wrong. Each and every common law nation has its possess established of legal method that depicts on the prosperous heritage of civil legislation.

Being familiar with civil legislation, a single needs to know the heritage of its origin. As they say, “All streets lead to Rome”, civil legislation has also originated from the legal institutions of Rome. Its name derives from jus civile, the civil legislation of the Roman Republic and the Roman Empire. The jurists were men and women from upper lessons of the Roman culture who supplied their legal understanding as a community assistance. They recommended functions to litigation, lay judiciary who presided around the trials and judged the information of the case.

There were two sorts of civil judges: the magistrate and the decide for the demo. The jurists in Rome were nonprofessional and were not the government officers, that’s why they did not charged for their products and services. Therefore, Roman legislation experienced an essential affect on heritage of the globe.

Civil legislation is normally referred to each the common law and legislation of equity which have historically operated to diverse doctrines.

Irrespective of of the common recognition of the distinction between the private legislation and community legislation in the civil legislation globe, there is still no agreement amongst the civil legislation lawyers on its theoretical basis and no uniformity as to the scope of private and community legislation. Non-public legislation is that area of the legislation in which the sole perform of government was the recognition and enforcement of private legal rights. Contrarily, community legislation is the effectuation of community curiosity by point out action. Non-public legislation features civil and industrial codes, although community features constitutional law, administrative legislation and criminal legislation.

In a civil lawsuit, the plaintiff is dependable for the cost of litigation. Most civil legislation lawyers take care of target scenarios on a contingency basis which suggests the attorney service fees is deducted from the remaining award.

Source by daniel rayfield

Programs to Become a Lawyer

No civil culture can exist with out the formulation of and adherence to a particular regulations. The citizens of the culture are obligated to abide by the regulations for tranquil co-existence. Having said that, there are numerous circumstances when these regulations are flouted for several motives. On these types of occasions, it is the legal procedure that arrives into play and ensures justice. Lawyers and judiciary are the two principal pieces of the legal procedure. If the legal procedure fascinates you and you want to make a vocation in it, you have to pursue specialized review. To become a lawyer, 1 has to just take up regulation classes that educate its students in becoming sharp lawyers to protect the legal procedure.

A lawyer will have to have integrated information about political science, background, philosophy, economics and literature. The regulation classes are so created that they acquire sharp analytical ability and research competencies moreover legal crafting, final decision-creating and public speaking competencies in students. The curriculum of the program is created in a method to enhance and inculcate these competencies in the students. Just after the completion of the program, a regulation graduate is expert in these elements. But, the good results of a lawyer also is dependent on things other than just the program that he/she has pursued

For all those students who aspire to become practicing lawyers, they must know about the regulation classes that they can pursue at colleges in India and overseas. Just after twelfth course, students can choose for BA LL.B (Hons) program. It is a five yr diploma programme. The program is available by nationwide regulation schools and universities. Having said that, it is not available by all regulation colleges in India. There is a common entrance test that 1 has to clear to get admission in this program. The test is Common Law Admission Check or CLAT. On clearing this test, students are qualified for admission into 7 regulation schools that offer BA LL.B.

For other graduates, who have pursued graduation program in any discipline, there is LL.B. It is a a few yr regulation program for graduates. LL B classes are available by most universities and colleges in India. Just after this diploma, a regulation graduate can exercise regulation on industrial foundation.

Just after BA LL.B or LL.B, graduates can also pursue even more reports in regulation. There is a entire time post graduation program LLM, which is of two several years period. In any other case, there are quite a few diploma classes too of 1 yr period. Some students also go overseas for even more education in regulation. Opposite to public notion, 1 lawyer can’t pursue any type of legal case. Like any other profession, there are specializations in this discipline too. Lawyers get the job done on particular areas of legal interest these types of as securities transactions, insurance plan, cyber regulation, mental house regulation and so on moreover criminal and civil circumstances. There are several classes that 1 can just take up to upgrade competencies in 1 or a lot more of these review fields.

Just after the completion of the regulation diploma, a regulation graduate has to join the Bar Council of India or the Point out Bar Council to be equipped to exercise in the courts. This is a conventional course of action for lawyers to get sanction to exercise any place in the place. There are several branches of regulation that 1 can exercise following completion of the regulation program. Beneath civil regulation, private matters these types of as all those pertaining to house, funds matters, deal and industrial concerns, spouse and children and corporations and so on are involved.

Legal lawyers offer in circumstances pertaining to matters with legal implications from culture or Point out. These involve matters these types of as theft, murder, rape and so on. Beneath real estate, matters pertaining to house these types of as real estate disputes, house tax, transfer of house, and so on are included. Tax lawyers offer in circumstances relating to revenue-tax, prosperity tax, estate duty, and so on. Some lawyers also focus in International regulation which addresses circumstances concerning inter-place matters. There are several other branches these types of as family law, constitutional law, corporate regulation, patents, excise regulation, and so on that 1 can focus in. As a result, review of regulation features quite a few possibilities to students who can just take up specializations as for every person interest. A lawyer’s position is difficult and involves competencies other than just a diploma. A profitable lawyer will be really sharp with good analytical and research competencies. They have good interaction competencies and convincing electrical power.

Source by Geetika Jain

Uk Has Grow to be a Democracy by Evolution Rather Than Revolution


In very first century B.C. Roman Empire was distribute through out entire Europe like Southern Britain which like modern England. Roman Empire prevails not only by military services implies but also their society, law and political method. At that time Rome was ruled by Senate, with the ideas of historical Democracy. That was a legacy of Greece to Rome. While conquering the environment these Roman donate Democracy all above its territory as effectively as England. Right after the collapse of Roman Empire in third century A.D. British folks loved some form of independence from outer environment. Right after some time entire island scattered to a range of kingdoms. Then, there was nothing at all left a little something termed Democracy any more. Only monarchs were left there which depends on feudalism.

Various invasions and migrations built combined nation in Britain. British heritage was intermingled with dozens of cultures like Celtic, Roman, Anglo Saxon, Jute, French, Dane, Norse and Norman.

The principal turning place of British heritage is invasion of William of Normandy in 1066.He conquer the Saxon King Harold at the struggle of Hastings. William and his descendants above England with violent and totalitarian regime and there was no liberal democracy. Progressively Norman Knights and all those Saxons, who experienced some land and money, safe wonderful electric power above the Kings. They experienced their own army as effectively as taxation course of action. As a result Kings could not rule place without their assistance (both military services and economically).Specially the reign of inept Kings. On the other hand, the principal characteristic of the British Structure is there is no reserve or archive in penned type. We can determine it out as collection of expenditures consent in parliament and customs advanced time to time. These Costs and Customs created up evolution relatively than revolution. From listed here enable us think about principal archives to show that.

Magna Carta

In the reign of these inept King John in 1215,the wonderful barons of the land rose up in mutiny and pressured the King to signal an arrangement termed “Magna Carta”(Good Charter). They were questioned irrespective of whether the King seriously need to have overall electric power above the place. From signing Magna Carta “the king to renounce particular legal rights and respect particular legal strategies, and to acknowledge that the will of the king could be certain by law. Magna Carta was the very first step in a extensive historic course of action leading to the rule of constitutional law.”

This is a groundbreaking moment in British heritage. Probably, the preamble to the British structure. Essentially, the incident is looks like a groundbreaking a person, however it failed to adjust framework of Monarch or abolish it. Feudalism continues. Only adjust was Nobles and Pope receives some electric power relatively than just before and some human legal rights were accepted as inviolable. Beneath mention the most valuable clause in the Charter even modern constitutions also added as fundamental ideal of human beings. That was

“No totally free man shall be arrested, or imprisoned, or deprived of his home, or outlawed, or exiled, or in any way destroyed, nor shall we go against him or send out against him, until by legal judgement of his peers, or by the law of the land”.

In specific it set up the ideal of habeas corpus, which implies the ideal to enchantment against imprisonment. On the other hand the successors of King John broke the clauses of Charter and again transfer to electric power of absolute monarch again. As a result Magna Carta won’t be able to think about as a groundbreaking incident of environment heritage.

Church and Monarch

Monarch is not the only segment which employed the electric power in Medieval England The Roman Catholic Church acted considerable character in wonderful offer. The Church owned substantial acres of land, experienced electric power of charge and raise taxes, and even its own method of courts to consider folks who experienced damaged its legal guidelines – termed Canon law. So, for on these problems there was a clash concerning Monarch and The Church in England.

Apparent case in point for that, is the subject of divorce Henry VIII and Catherine of Aragon. The Church wasn’t enable the king do so. The monarch turned on the Church with a vengeance. He seized Church lands, closed historical monasteries, and took all the home of them and last but not least appointed himself as head of the Church, which meant the Pope was no extended be obeyed in England. This was a important turning place in English heritage due to the fact it increased electric power and prosperity of the monarch, and due to the fact the Church land was bought to rich merchants, it also produced a new group of landowners, who in time went into parliament and took element in governing administration. This is the very first party the associates of the parliament took sufficient electric power. This is groundbreaking act, but it past only in Henry’s regime, then his daughter Mary convert the place to Catholic, but again in the period of Elizabeth I, she followed Henry’s path. That demonstrated, this groundbreaking act not accepted at at the time by folks of England. This (independence from Church) was the 2nd step of the evolution of British Structure.

Parliament Electric power

The Monarch and the Parliament operate jointly peacefully most of the British heritage, other than some incident. Elections to the Dwelling of Commons were held often but only landowners bought to vote.

Battle concerning King Charles I and Parliamentarians is the most very important incident transpired in British heritage. King Charles I refuse to ruling with the arrangement of Parliament, and desired absolute monarch. In 1642, civil war broke out, Charles I defeated and executed. Eventually Britain grew to become a republic below management of Oliver Cromwell for eleven years without a monarchy. Right after his demise again the place grew to become a monarch.

From this case in point we see the British folks respond revolutions really slowly but surely. There was no a lot electric power offered to the King by Parliament following this incident. So, these two institutions have compromised there electric power to neutralize hostilities with every other from listed here. Sooner or later, parliament gains the electric power above monarch.

Right after the incident so termed “English Revolution” which overthrew King James II and gave the throne to William of Orange is dynamic case in point for how a lot electric power parliamentarians acquired following 1642 civil war. Before that experienced no electric power to determine and appoint the King. That showed a bit some of the King’s electric power a bit leaked to Parliament by passing Costs and Functions. So, King’s absolute electric power and divinity cut down by time but not in instantaneous. Men and women introduce this incident as a revolution, but continue to it failed to adjust the former political framework noticeably.

Thenceforth, even with the monarch have some electric power, the King or Queen would only govern the place with the arrangement of Parliament. In effect, electric power shifted from a one monarch to the associates of an elected parliament and the unelected Dwelling of Lords.

Political Get-togethers

Right after the electric power centralized in the Parliament factions of modern society rose up as parties, which carried out their own policy. Not only parties, some rich men and women also rose up independent candidates.

The very first two wonderful political parties are Liberal Democrats (Whigs) and Conservatives (Tories).In eighteenth and nineteenth generations these two parties’ bitter rivals, but at the time a person social gathering came to electric power they ruled the place in harmony as a a person nation.

These two parties experienced their own policies, which generally gave precedence when they arrive to electric power. Conservatives were usually Catholic or Anglican although were from a extra Calvinist or radical Protestant custom. Religion in the eighteenth and nineteenth

generations was a big issue and it was the root of the enmity concerning the two parties.

Electric power of Lords

Dwelling of Lords is not elected from election, however at the time, the Dwelling of Lords could in effect veto any legal guidelines drawn up by the Dwelling of Commons. In 1911, then Liberal Authorities launched Parliament Act and eliminated veto electric power of Dwelling of Lords. As a final result of the Parliament Act, the Dwelling of Lords has the ideal to scrutinize proposed legal guidelines drawn up in the Commons and to check with associates of that Dwelling to feel again three occasions. If the Lords reject a law a 3rd time, the Dwelling of Commons can say sufficient and the proposed Act passes into law even with objection from the Lords. Right after that, the Dwelling of Commons safe their primacy above the Dwelling of Lords. This is an additional case in point for evolution of British Structure due to the fact they adjust it according to non permanent needs occurs at that time. Veto electric power is generally be a risk to modern Democracy. It was indirectly cut down of the electric power of monarch and rich people, due to the fact all of Lords are appointed by monarch, and also a lot of of the Lords are descend from rich people who failed to like typical people’s welfare. Whichever the subject abolishment of veto electric power of the Dwelling of Lords Dwelling of Commons failed to consider to abolish that establishment. For this rationale we won’t be able to pointed it as a revolution.

Earning Whole Democracy

There was no comprehensive Democracy in Britain until very first two ten years in twentieth century. Women of all ages were granted voting electric power at all those times. Prior to that only adult men experienced the electric power to vote, even earlier only for the rich and also bulk of population failed to have the electric power to select who govern them.


Now, we see Britain as a person of the ideal democratic place of the environment. It earns and continues Democracy from evolution. When comparing France, Russia and United states it took far too a lot time to adjust in to a person political framework to an additional. Their democracy continue to evolving and turning extra freely. That democracy influences them today extra harshly due to the fact any social gathering who type a governing administration has to make a coalition. This is really undesirable to country’s steadiness. On the other hand, they regulate to retain the place secure on the name of Democracy.…

International Law And The Right To A Healthy Environment As A Jus Cogens Human Right


To date, traditional international law does not consider human environmental rights to a clean and healthy environment to be a jus cogens human right. Jus cogens ( "compelling law") refers to preemptory legal principles and norms that are binding on all international States, regardless of their consent. They are non-derogable in the sense that States can not make a reservation to a treaty or make domestic or international laws that are in conflict with any international agreement that they have ratified and thus to which they are a party. They "prevail over and invalidate international agreements and other rules of international law in conflict with them … [and are] subject to modification only by a subsequent norm … having the same character." (1) Thus, they are the axiomatic and universally accepted legal norms that bind all nations under jus gentium (law of nations). For example, some UN Charter provisions and conventions against slavery or torture are considered jus cogens rules of international law that are nonderogable by parties to any international convention.

While the international legal system has evolved to embrace and even codify basic, non-derogable human rights (2), the evolution of environmental legal regimes have not advanced as far. While the former have found a place at the highest level of universally recognized legal rights, the latter have only recently and over much opposition, reached a modest level of recognition as a legally regulated activity within the economics and politics of sustainable development.

1. The international legal community recognizes the same sources of international law as does the United States' legal system. The three sources of international law are stated and defined in the Restatement (Third) of the Foreign Relations Law of the United States (R3dFRLUS), Section 102. The first source is Customary International Law (CIL), defined as the "general and consistent practice of states followed out of a sense of legal obligation "(3) (opinio juris sive necessitatus), rather than out of moral obligation. Furthermore, CIL is violated whenever a State, "as a matter of state policy, … practices, encourages or condones (a) genocide, (b) slavery … (c) the murder or causing the disappearance of individuals, ( d) torture or other cruel, inhuman or degrading treatment … or (g) a consistent pattern of gross violations of internationally recognized human rights. " (4) To what extent such human rights need to be "internationally recognized" is not clear, but surely a majority of the world's nations must recognize such rights before a "consistent pattern of gross violations" results in a violation of CIL. CIL is analogous to "course of dealing" or "usage of trade" in the domestic commercial legal system.

Evidence of CIL includes "constitutional, legislative, and executive promulgations of states, proclamations, judicial decisions, arbitral awards, writings of specialists on international law, international agreements, and resolutions and recommendations of international conferences and organizations." (5) It follows that such evidence is sufficient to make "internationally recognized human rights" protected under universally recognized international law. Thus, CIL can be created by the general proliferation of the legal acknowledgment (opinio juris) and actions of States of what exactly constitutes "internationally recognized human rights."

2. The next level of binding international law is that of international agreements (treaties), or Conventional International Law. Just as jus cogens rights and rules of law, as well as CIL, are primary and universally binding legal precepts, so do international treaties form binding international law for the Party Members that have ratified that treaty. The same way that some States' domestic constitutional law declares the basic human rights of each State's citizens, so do international treaties create binding law regarding the rights delineated therein, according to the customary international jus gentium principle of pacta sunt servanda (agreements are to be respected). Treaties are in turn internalized by the domestic legal system as a matter of law. Thus, for example, the UN Charter's provision against the use of force is binding international law on all States and it, in turn, is binding law in the United States, for example, and on its citizens. (6) Treaties are analogous to "contracts" in the domestic legal system.

Evidence of Conventional International Law includes treaties, of course, as well as related material, interpreted under the usual canons of construction of relying on the text itself and the words' ordinary meanings. (7) Often, conventional law has to be interpreted within the context of CIL. (8) As a practical matter, treaties are often modified by amendments, protocols and (usually technical) annexes. Mechanisms exist for "circumventing strict application of consent" by the party states. Generally, these mechanisms include "framework or umbrella conventions that merely state general obligations and establish the machinery for further norm-formulating devices … individual protocols establishing particular substantive obligations … [and] technical annexes." (9) Most of these new instruments "do no require ratification but enter into force in some simplified way." (10) For example, they may require only signatures, or they enter into force for all original parties when a minimum number of States ratify the modification or unless a minimum number of States object within a certain time frame, or goes into force for all except those that object. (11) Depending on the treaty itself, once basic consensus is reached, it is not necessary for all to consent to certain modifications for them to go into effect. "[I] na sense these are instances of an IGO [(international governmental organization)] organ 'legislating' directly for [S] tates." (12)

3. Finally, rules of international law are also derived from universal General Principles of Law "common to the major legal systems of the world." (13) These "general principles of law" are principles of law as such, not of international law per se. While many consider these general principles to be a secondary source of international law that "may be invoked as supplementary rules … where appropriate" (14), some consider them on an "footing of formal equality with the two positivist elements of custom and treaty ". (15) Examples are the principles of res judicata, equity, justice, and estoppel. Frequently, these rules are inferred by "analogy to domestic law concerning rules of procedure, evidence and jurisdiction." (16) However, "while shared concepts of of internal law can be used as a fall-back, there are sever limits because of the characteristic differences between international law and internal law." (17) Evidence of General Principles of Law includes "municipal laws, doctrine and judicial decisions." (18)

Treaty provisions and their inherent obligations can create binding CIL if they are "of a fundamentally norm-creating character such as could be regarded as forming the basis of a general rule of law." (19) A basic premise of this article is that the "relatively exclusive ways (of lawmaking) of the past are not suitable for contemporary circumstances." (20) Jonathan Charney maintains that today's CIL is more and more being created by consensual multilateral forums, as opposed to State practice and opinio juris, and that "[consensus, defined as the lack of expressed objections to the rule by any participant, may often be sufficient … In theory, one clearly phrased and strongly endorsed declaration at a near-universal diplomatic forum could be sufficient to establish new international law. " (21) This process should be distinguished conceptually as "general international law", rather than CIL, as the International Court of Justice (ICJ) has often done.

In like vein, Professor Gunther Handl argues that all multilateral environmental agreements (MEAs) of "global applicability" create "general international law":

"A multilateral treaty that addresses fundamental concerns of the international community at large, and that as such is strongly supported by the vast majority of states, by international organizations and other transnational actors, – and this is, of course, precisely the case with the biodiversity, climate, and ozone regimes, among others-may indeed create expectations of general compliance, in short such a treaty may come to be seen as reflecting legal standards of general applicability … and as such must be deemed capable of creating rights and obligations both for third states and third organizations. " (22)

Notwithstanding, Daniel Bodansky argues that CIL is so rarely supported by State action, that it is not customary law at all. "International environmental norms reflect not how states regularly behave, but how states speak to each other." (23) Calling such law "declarative law" that is part of a "myth system" representing the collective ideals and the "verbal practice" of States, he concludes that "our time and efforts would be better spent attempting to translate the general norms of international environmental relations into concrete treaties and actions. " (24)

However, a review of the current status of international human rights and environmental law may reveal the mechanisms for raising environmental rights to the level of jus cogens rights. For example, the UN Convention on the Law of the Seas (UNCLOS), whose negotiation was initiated in 1972 and signed in 1982, was considered by most countries to be CIL by the time it came into force in 1994. (25)

II. CURRENT STATUS OF THE RIGHT TO A HEALTHY ENVIRONMENT No State today will publicly state that it is within its sovereign rights to damage their domestic environment, much less that of the international community, however most States do not guarantee environmental protection as a basic human right. Currently, environmental law is composed of mostly Conventional International Law and some CIL. The former relies on express consent and the latter on implied consent, unless a State avails itself of the Persistent Objector principle, which precludes it from being bound by even most CIL. Unlike for human rights and international crimes, there is no general environmental rights court in existence today. While the Law of the Sea Tribunal and other UN forums (eg, the ICJ) exist for trying cases of treaty violations, non-treaty specific violations have no international venue at present. Italian Supreme Court Justice Amedeo Postiglione states that

"[T] he human right to the environment, must have, at the international level, a specific organ of protection for a fundamental legal and political reason: the environment is not a right of States but of individuals and can not be effectively protected by the International Court of Justice in the Hague because the predominantly economic interests of the States and existing institutions are often at loggerheads with the human right to the environment. " (26)

Domestic remedies would have to be pursued first, of course, but standing would be granted to NGOs, individuals, and States when such remedies proved futile or "the dispute raises issues of international importance." (27) For example, although the ICJ has an "environmental chamber" and US courts often appoint "special masters" to handle these types of disputes, it is clear that the recognition of the human right to the environment needs an international court of its own in order to recognize such a right and remedy international violations in an efficient and equitable manner. (28)

III. THE JUS COGENS NATURE OF ENVIRONMENTAL RIGHTS Irrespective of specific treaty obligations and domestic environmental legislation, do States, or the international community as a whole, have a duty to take measures to prevent and safeguard against environmental hazards?

Human rights are "claims of entitlement" that arise "as of right" (31) and are independent of external justification; they are "self evident" and fundamental to any human being living a dignified, healthy and productive and rewarding life. As Louis Henkin points out:

"Human rights are not some abstract, inchoate 'good'; they are defined, particular claims listed in international instruments such as the [UN's] Universal Declaration of Human Rights and the major covenants and conventions. They are those benefits deemed essential for individual well -being [sic], dignity, and fulfillment, and that reflect a common sense of justice, fairness, and decency. [No longer are human rights regarded as grounded in or justified by utilitarianism,] natural law, … social contract, or any other political theory … [but] are derived from accepted principles, or are required by accepted ends-societal ends such as peace and justice; individual ends such as human dignity, happiness, fulfillment. [Like the fundamental rights …

Speration of Powers


Group of 12 everyday men and women with no exclusive information, picked out rendom to act as impartial judges. The jury is suggested by the decide on the applicable law and they have to ducude if the defendant is guilty or not guilty (criminal situations). In civil situations, if the defandant is lible to the plaintiff the choice is identified as – verdict

Parlianentary aovereignty

The parliament is supreme, it can enact any law it wishes. No authority , like the courts. Has the energy to concern the validilty of the legislation.

Speration of powers

one.    executive – to implement the legal guidelines

2.    legislatiure – to make the law

3.    judiciary – to interprae and take a look at the law

judicial review

the courtroom may declare thet the administrative actes ultra vires  the british courtroom can not take a look at the deserves of the law.

It forms the foundation of administrative law. Control the romance involving the courts, community administrative bodies and the unique citizens.

Juducual review dos not allaw the courts to examuine the deserves if admunisrative motion. It can declare that the physique actes ultra vires, whan a physique acted un an unlawfull way. Frands yoy judicial review, also: one) unreasonbleness 2) incorect preocedare 3) energy been used in a negative religion, or inappropriate reason.

English legal system

English law is based on the common law tradition. Common law is a system of decide produced law which is develeping over the yrs threough the decusions of jodges. The judical precedents are significant resource of law in the english legal system.

The judges only on the foundation of the evidance offered to them by the parties- this is identified as adversaial system.

Soliciter/barrister – solicetor can oppear in lower courts, but not in increased courts. The barrister anly provides situations in courts.

Frequent law and fairness

The most significant department of fairness is the law of trusts, but equitable therapies this sort of as specipic preformance and injuction are also a lot used. In situations of conflict involving the ruls of fairness and the ruls of common law, the rols of fairness should prevail.

Equity produced because in a lot of sitiuation there was no legal treatment evailable at comman law. The reason of fairness is to achive justice. Applying the maxims fairness .

Equity maxims for example:-

one.    fairness will not soffer a erroneous to be witout a treatment. It will intervene when there is no commaon law treatment.

2.    he who arrives to fairness have to appear with clean up arms. A litigant who has behaved unfarly will be denied.

3.    equiuabale remedis will be granted, the courtroom will look at each and every unique case.

The rule of law

The rule of law reguires that all energy and authority in the state be derived (??????) from law and ide that: equality before the lew.

Ultra vires – beyand the energy of his authority.

Sovereignty – is the claim to be the best political authority, matter to higer energy and ready to make and implement political choice without possessing to search for permission from any ather physique.

Structure – most nations in the earth have a prepared structure, which is set of ruls which define the romance involving the verious organs of the government and citizens of a region. Its reason is to set parameters of government energy and the rights and dutues of is citizens.

British structure – they have no prepared constitotion in the sens of a doc, it is versatile structure and adjust can be accomplished by easy act of parliament.

Statutes – are the main resource if the part-prepared structure and the main resource of constitutional law in britian. Statutes are soperior. Like the primary legal guidelines in israel. There are the statute law produced by parliament, and prevalent kaw which is produced by decisins of the courts.

Constitutional monarcy: the british monarcy has few (if any)  political powers, the quean is ceremonial head of the state, the queen invitations the chief of the majarity party to type a government.

The monthly bill of rights (1688): sets out the principal rights attained by purliaments and the country as the consequence of the 17th century constitutional struggles.

 thanks to jammer about his opinion listed here.

Supply by david dagan