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Law is a system of rules, enforced through a set of institutions, used as an
instrument to underpin civil obedience, politics, economics and society. Trust law applies to assets held for investment and financial security, while Tort law allows claims for compensation if an individual or their property is injured or harmed. If the harm is criminalised in penal code, criminal law offers means by which the state can prosecute the perpetrator.
Constitutional law provides a framework for the creation of law, the
protection of human rights and the election of political representatives. The study of law raises important and complex issues concerning equality, fairness, liberty and justice. "In its majestic equality", said the author Anatole France in 1894, "the law forbids rich and poor alike to sleep under bridges, beg in the streets and steal loaves of bread." The central institutions for interpreting and creating law are the three main branches of government, namely an impartial judiciary, a democratic legislature, and an accountable executive.
While all these organs of the state are creatures created and bound by law,
an independent legal profession and a vibrant civil society inform and
support their progress. A common distinction is that between "public law" (a term related closely to the state, and including constitutional, administrative and criminal law), and "private law" (which covers contract, tort and property). In civil law systems, contract and tort fall under a general law of obligations, while trusts law is dealt with under statutory regimes or international conventions.
International, constitutional and administrative law, criminal law,
contract, tort, property law and trusts are regarded as the "traditional
core subjects", although there are many further disciplines which may be of
greater practical importance. In the 'lower house' politicians are elected to represent smaller constituencies. The 'upper house' is usually elected to represent states in a federal system (as in Australia or the United States) or different voting configuration in a unitary system (as in France).
In the UK the upper house is appointed by the government as a house of
review. One criticism of bicameral systems with two elected chambers is that
the upper and lower houses may simply mirror one another. The traditional
justification of bicameralism is that an upper chamber acts as a house of
review. This can minimise arbitrariness and injustice in governmental
action. If a country has an entrenched constitution, a special majority for changes to the constitution will be required, making changes to the law more difficult. A government usually leads the process, which can be formed from Members of Parliament (e.g. the UK or Germany).
But in a presidential system, an executive appoints a cabinet to govern from
his or her political allies whether or not they are elected (e.g. the United
States or Brazil), and the legislature's role is reduced to either
ratification or veto. Wikipedia - A free encyclopedia with millions of articles contributed collaboratively using Wiki software, in dozens of languages. www.wikipedia.org Other Links defau link1 |