Understanding Sources of Law, Legislative Process, and Legal Acts
Sources of Law: An Introduction
Sources of law are the origins from which legal rights arise, essentially the means by which rules of law are established. These sources can be categorized as follows:
Historical Sources
Historical sources include documents that provide background for the establishment of a rule of law, such as the sentiments of a nation.
Material Sources
Material sources encompass all societal phenomena that influence the content of legal norms.
Formal Sources
Formal sources refer to the
Read MoreUnderstanding Liberty, Equality, Justice, and Rights
Liberty: Negative and Positive
Negative liberty: the area in which a person can act without being hampered by others. Positive liberty: the life and decisions depend on oneself. The defense of freedom is essential for a person to develop autonomously.
Equality: A Moral and Constitutional Value
Equality: is a moral and constitutional value that must be accepted by all citizens. There are three types of equality: material, legal, organizational, and planning. It is compulsory for citizens and requires
Read MoreGerman Federal Government: Chancellor, Ministries & Judiciary
German Federal Executive & Administration
Chancellor’s Political Role
It should be remembered, however, that the Chancellor’s position of preeminence also entails political obligations beyond constitutional duties. The Chancellor must safeguard the balances required by their position within the party. Therefore, in appointing Ministers and other officials, they must consider proportional distribution among different party wings, the various Länder, pressure groups, genders, religions, and so
Read MoreLegal Norms: Validity, Applicability, and Effectiveness
Loss of Validity
Legal norms lose validity when:
- They are repealed.
- They have a time limit.
- A provision replaces the rule with different content.
Retroactive and Irretroactive Standards
Irretroactive Standard: Does not apply to past events; has no effect backwards.
Retroactive Standard: Applies to past events. New regulations can have an effect backwards, as determined by the legislature. Art. 9.3 EC 1 states that unfavorable regulations should not be retroactive. Art. 2.2 CP 2 states that criminal laws
Read MoreUnderstanding General Principles of Law: An Analysis
The General Principles of Law
The law, as formulated in laws or customs, includes certain rules that, without relying on the authority of the state or the interests of a particular social force, possess a normative force considered the most effective foundation for laws and customs. Classical Greece recognized the existence of an unwritten law derived from equity and tradition, thus acknowledging principles and customary law based on jus naturalist. Aristotle referred to these principles when speaking
Read MoreUnderstanding Labor Strikes: Rights, Procedures, and Effects
Understanding Labor Strikes
Strike: A collective suspension of work or activity that affects the normal functioning of the production process (e.g., tortoise operation) by workers in a labor dispute. (494 LOT and 175 RLOT)
Subjects: Exerted by trade unions or coalition workers (176 RLOT)
Purpose:
- To amend or stop taking action regarding working conditions.
- To conclude a collective agreement.
- To comply with the collective agreement agreed upon.
Effects:
- Irremovability: Workers cannot be dismissed, transferred,