Summary: Regulation And Law

Read the summary and the most important questions on Regulation and Law

• 1 CLUSTER 1: Introduction to Law

• 1.1 Purpose and Function

• What is the difference between absolute and relative rights, give an example.

  Absolute rights can be exercised against all (e.g. Property rights of a house), where relative right can only be exercised against one or more determined persons (loan or a contract that pertains to only certain people in certain situations)

• What are the 4 purposes through which rights regulate norms of human behaviour?

  Establishing standards, 
  maintaining order, 
  resolving disputes, 
  protect liberties and rights. 

• What is the difference between a moral norm and a legal norm?

  WIth a legal norm the defendant can forrolow the legal norm. A Moral norm does not has a legal defend.

• Explain the difference between Rule of Law vs Rule by law

  Rule of Law: most governments are concerned by a constitutional democracy where the government is split into three beanches which are hold accountable trough checks and balances. This controls the unlimited exercise of the power by supreme law making, protecting rights against power and protects individual rights. 
  
  Rule by Law: the government has the authoroty to execute the law. 

• What are the 3 branches of governance and their function? Explain how they influence eachother.

  1. The court, has a juridical function where id adjudicates, disputes and decides how a disagreement should be settled.
  
  2. The parliament has a legislative function, it makes the law and rules and the penalties for a sentence. It tells the court how adjudicate. 
  
  3. The government has the executive function. The head is prime minister of president, the army and police are part of the executive function. They are empowered by the law to operate. They ensure that the disputing parties submit to adjudication and that they actually comply with the settlement reached through the judicial proces. 

• What is the role of the constitution in the.3 branches of governance?

  Every other branch of law operates in theconfines of the constitution

• 1.2 Principles and Rules

• What is a principle and how are they used?

  Principles are at a higher level of abstraction then rules. THey form the background of legal rules and can be used to interpret, complete or correct legal rules.

• What is the difference between principles and rules?

  Rule get directly enforced

• What is the purpose of principles? And what is the purpose of rules?

  The principle helps to decide which rule implies. There is always a basis behind a rule; the reason why a rule exists. The principle gives guidance in conflicting situations. 
  
  Rules make sure people know how to act.

• How is decided which rules take precedence?

  Principles have a certain weight competing rules will be resolved by one of those rules winning based on a principle.