Labour Laws

The best way to get a bad law repealed is to enforce it strictly. Abraham Lincoln

Jurisprudence
Science or philosophy of human law Deals with the structure, uses, and functions of law and legal concepts Includes the entire body of learning regard to law

Sources of Jurisprudence
Salmond: Legislation precedent, Custom Agreement

Legislation
The Declaration of principles of law by an authority competent to do so. Produces statute law. Supreme Legislation Subordinate Legislation

Supreme Legislation
Legislation proceeds directly from the supreme or sovereign power of the state. Will not be repealed, annulled or controlled by any other legislative authority.

Subordinate Legislation
Proceeds from any authority other than the sovereign power Existence and validity depended on supreme authority.

Precedent
The process of making new rules of law following recognition of new principles by the courts themselves in the administration of justice. Judge made law/ judicial legislation Prominent in Common law system. Declaratory Original

Original Precedents
Precedent which creates and applies new rule.

Declaratory Precedents
Declarations of pre-existing principles or the applications of an already existing law.

Doctrine of stare decisis

The rule that a court decision becomes a precedent to be followed in similar cases. Two components. The first is the rule that a decision made by a superior court is binding precedent (mandatory authority) which an inferior court cannot change. The second is the principle that a court should not overturn its own precedents unless there is a strong reason to do so.

Custom
Habitual conduct of majority of persons in the belief that such conduct is legal. Produces Customary Law. Legal and Conventional. Legal: Legal Custom is one whose Legal authority is absolute- one which itself has a force of law. Conventional: A conventional Custom is one whose authority is conditional on its acceptance by the parties Until it is enforced by the state, a custom does not become law.

Agreement
Agreements between parties