Sources of environmental law pdf

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More generally, it sources of environmental law pdf any premiss of a legal reasoning. Such sources may be international, national, regional or religious.

The term “sources of law” also refers to the sovereign or the state from which the law derives its force or validity. There are many factors of law that have contributed to the development of law and which are regarded as the sources of law. Most conventions come into force only when a stated number of signatories have ratified the final text. However, Brussels may only act and legislate in accordance with the EU treaties, and the CJEU’s supremacy applies only in matters of EU law. Legislation can have many purposes: to regulate, to authorize, to enable, to proscribe, to provide funds, to sanction, to grant, to declare or to restrict. The legislature may delegate law-making powers to lower bodies. Precedent is the accumulated principles of law derived from centuries of decisions.

Judgements passed by judges in important cases are recorded and become significant source of law. When there is no legislature on a particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes from first principles. Authoritative precedent decisions become a guide in subsequent cases of a similar nature. The dictionary of English law defines a judicial precedent as a judgement or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Compared to other sources of law, precedent has the advantage of flexibility and adaptability, and may enable a judge to apply “justice” rather than “the law”. Equity prevails over common law, but its application is discretionary.