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39-526: Dziennik Ustaw ( Polish: [ˈd͡ʑɛn.ɲik ˈu.staf] ) or Dziennik Ustaw Rzeczypospolitej Polskiej (English: Journal of Laws of the Republic of Poland , abbreviated Dz. U. ) is the most important Polish publication of legal acts. It is the only official source of law for promulgation of Polish laws . The publication of this journal is solely the responsibility of the Prime Minister of

78-503: A de jure (or legitimate) source. After WWII it was not a valid defence at Nuremberg to say "I was only obeying orders", and the victors hanged Nazis for breaching " universal and eternal standards of right and wrong". Over decades and centuries, principles of law have been derived from customs . The divine right of kings , natural and legal rights , human rights , civil rights , and common law are early unwritten sources of law. Canon law and other forms of religious law form

117-457: A legislature's powers to legislation. Although the legislature has the power to legislate, it is the courts who have the power to interpret statutes , treaties and regulations. Similarly, although parliaments have the power to legislate, it is usually the executive who decides on the legislative programmed. The procedure is usually that a bill is introduced to Parliament, and after the required number of readings, committee stages and amendments,

156-431: A similar state of fact in the same manner or on the same principle or by analogy. Another definition declares precedent to be," a decision in a court of justice cited in support of a proposition for which it is desired to contend". 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 (England only) Equity

195-760: A stated number of signatories have ratified the final text. An international convention may be incorporated into a statute (e.g. Hague-Visby Rules in Carriage of Goods by Sea Act 1971 ; e.g. the Salvage Convention in the Merchant Shipping Act 1995 ). The Council of Europe ’s European Convention on Human Rights is enforced by the ECHR in Strasbourg . The European Union is special example of international law. European nations that join

234-723: A very long time, such as " since time immemorial ' (1189 AD), it becomes a source of law. A "Particular Custom" (or "private custom") may arise and become a right with the force of law when a person, or a group of persons has from long usage obtained a recognized usage, such as an easement . Books of Authority (England mainly) Up until the 20th century, English judges felt able to examine certain "books of authority" for guidance, and both Coke and Blackstone were frequently cited. This old practice of citing only authors who are dead has gone; nowadays notable legal authors may be cited, even if they are still alive. By-law A by-law ( bye-law , by(e)law , by(e) law ), also known in

273-526: A written or federal constitution, or it may have regional legislature, but normally it is the central national legislature that is the ultimate source of law. While a written constitution may seem to be the prime source of law, the state legislature may amend its constitution provided certain rules are followed. International law may take precedence over national law, but international law is mainly made up of conventions and treaties that have been ratified; and anything that can be ratified may be denounced later by

312-628: Is a source of law peculiar to England and Wales. Equity is the case law developed by the (now defunct) Court of Chancery . Equity prevails over common law, but its application is discretionary. Equity's main achievements are: trusts , charities, probate , & equitable remedies . There are a number of equitable maxims , such as: "He who comes to equity must come with clean hands". Parliamentary Conventions (UK mainly) (not to be confused with International Conventions) Parliamentary Conventions are not strict rules of law, but their breach may lead to breach of law. They typically are found within

351-407: 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 judgment or decision of a court of law cited as an authority for deciding

390-474: Is that a by-law is made by a non-sovereign body, which derives its authority from another governing body, and can only be made on a limited range of matters. A local council or municipal government derives its power to pass laws through a law of the national or regional government which specifies what things the town or city may regulate through by-laws. It is therefore a form of delegated legislation . Within its jurisdiction and specific to those areas mandated by

429-432: Is the prime source of law and consists in the declaration of legal rules by a competent authority. 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. A parliamentary legislature frames new laws, such as Acts of Parliament , and amends or repeals old laws. The legislature may delegate law-making powers to lower bodies. In

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468-617: The Constitution of Japan , regional governments have limited autonomy and legislative powers to create by-laws. In practice, such powers are exercised in accordance with the Local Autonomy Law . By-laws therefore constitute part of the legal system subordinate to the Japanese constitution. In terms of its mandatory powers and effective, it is considered the lowest of all legislation possible. Such powers are used to govern

507-530: The UK , such delegated legislation includes Statutory Instruments , Orders in Council , & Bye-laws . Delegated legislation may be open to challenge for irregularity of process; and the legislature usually has the right to withdraw delegated powers if it sees fit. Most legislatures have their powers restricted by the nation's Constitution, and Montesquieu 's theory of the separation of powers typically restricts

546-587: The United States , the federal government and most state governments have no direct ability to regulate the single provisions of municipal law. As a result, terms such as code , ordinance , or regulation , if not simply law , are more common. The Merriam-Webster Dictionary indicates that the origin of the word by-law is from the English word bilawe , probably from Old Norse *bȳlǫg , from Old Norse bȳr town + lag-, lǫg law. The earliest use of

585-754: The EU thereby adopt all EC Law to date (the acquis communautaire ), namely: treaty provisions, regulations, directives, decisions, and precedents. Member States become subject to "Brussels" and to the binding precedent decisions of the Court of Justice of the European Union (or CJEU) in Luxembourg . 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 Legislation

624-719: The English legal system, and they help compensate for the UK's lack of a single written constitution. Typically, parliamentary conventions govern relationships, such as that between the House of Lords and the House of Commons ; between the monarch and Parliament; and between Britain and its colonies. For instance, after the Finance Act 1909, the House of Lords lost its power to obstruct the passage of bills, and now may only delay them. The prerogative powers are subject to convention, and in 2010,

663-561: The Journal of Laws of the Republic of Poland (Dziennik Ustaw) [1] . The matter is further regulated by articles 87 and 234 of the constitution, as well as by the Article 9 of the Act on Publishing Normative Acts and Several Other Legal Acts of 2000. The Dziennik Ustaw is to include such documents as: Source of law The term "source of law" may sometimes refer to the sovereign or to

702-464: The Republic of Poland . 'Dziennik Ustaw' traces its history to the 1918 'Dziennik Praw Królestwa Polskiego' (English: Journal of Laws of the Kingdom of Poland ) and has changed its name several times during its existence. According to Article 122 of the Constitution of Poland of 1997, The President of the Republic shall sign a bill within 21 days of its submission and shall order its promulgation in

741-505: The United States as bylaws , is a set of rules or law established by an organization or community so as to regulate itself, as allowed or provided for by some higher authority. The higher authority, generally a legislature or some other government body, establishes the degree of control that the by-laws may exercise. By-laws may be established by entities such as a business corporation , a neighbourhood association , or depending on

780-410: The basis for law derived from religious practices and doctrines or from sacred texts; this source of law is important where there is a state religion . Historical or judicial precedent and case law can modify or even create a source of law. Legislation , rules, and regulations form the tangible source of laws which are codified and enforceable. In civil law systems, the sources of law include

819-550: The bill gains approval and becomes an Act. Case Law Judicial precedent (aka: case law, or judge-made law) is based on the doctrine of stare decisive , and mostly associated with jurisdictions based on the English common law , but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions. Judgments passed by judges in important cases are recorded and become significant source of law. When there

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858-413: The by-laws are generally the supreme governing document of an organization , superseded only by the charter of an incorporated society . The by-laws contain the most fundamental principles and rules regarding the nature of the organization. It was once common practice for organizations to have two separate governing documents, a constitution and by-laws, but this has fallen out of favor because of

897-404: The content of their by-laws. This book has a sample set of by-laws of the type that a small, independent society might adopt. The wording of the by-laws has to be precise. Otherwise, the meaning may be open to interpretation. In such cases, the organization decides how to interpret its by-laws and may use guidelines for interpretation. Usually, one of the last sections in the by-laws describes

936-451: The ease of use, increased clarity, and reduced chance of conflict inherent in a single, unified document. This single document, while properly referred to as the by-laws, is often referred to as a constitution or a constitution and by-laws . Unless otherwise provided by law, the organization does not formally exist until by-laws have been adopted. In some countries, trade unions generally have constitutions , which govern activities of

975-496: The following: In the United Kingdom, by-laws are laws of local or limited application made by local councils or other bodies, using powers granted by an Act of Parliament, and so are a form of delegated legislation. In Australian Law there are five types of by-law, and they are established by statute: Corporate and organizational by-laws regulate only the organization to which they apply and are generally concerned with

1014-598: The higher body, a municipal by-law is no different from any other law of the land, and can be enforced with penalties, challenged in court, and must comply with other laws of the land, such as the country's constitution. Municipal by-laws are often enforceable through the public justice system, and offenders can be charged with a criminal offence for breach of a by-law. Common by-laws include vehicle parking and stopping regulations, animal control, building and construction, licensing, noise, zoning and business regulation, and management of public recreation areas. Under Article 94 of

1053-769: The international office of the union as well as how it interfaces with its locals. The locals themselves can set up their own by-laws to set out internal rules for how to conduct activities. In other countries, such as the United Kingdom , union by-laws are sometimes a subset of the union's constitution or implement the union's rules in more detail. Nonprofit organizations in the United States applying for Federal Tax-Exemption Status are required to adopt bylaws for their organizations. Bylaws for nonprofit organizations by themselves are more of an internal organizing document than required by most states but are necessary for filing for nonprofit 501(c)(3) tax-exemption application using

1092-556: The jurisdiction, a municipality . In the United Kingdom and some Commonwealth countries, the local laws established by municipalities are referred to as by(e)-laws because their scope is regulated by the central governments of those nations. Accordingly, a bylaw enforcement officer is the Canadian equivalent of the American Code Enforcement Officer or Municipal Regulations Enforcement Officer. In

1131-437: The legal codes, such as the civil code or the criminal code , and custom ; in common law systems there are also several sources that combine to form "the law". Civil law systems often absorb ideas from the common law and vice-versa . Scotland, for instance, has a hybrid form of law, as does South Africa, whose law in an amalgam of common law, civil law and tribal law. A state may comply with international law, it may have

1170-473: The legislator publishes the country's laws, newspapers, and public deeds. Following the Aristotelian notion of the four causes (material, formal, efficient, and final causes), Riofrio also develops additional potential sources of law. For instance, efficient sources of law would include actions of nature or "of God" that change the law, actions of the intellect that produce legal culture, and actions of

1209-399: The meaning of subsidiary law or side-law (as in byway ). In any case, it is incorrect to claim that the word is related to the prepositional phrase "by law"; that is a modern conjecture contradicted by the evidence. Municipal by-laws are public regulatory laws; which apply in a certain area. The main difference between a by-law and a law passed by a national/federal or regional/state body

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1248-399: The monarch's power to dissolve Parliament was abolished. Britain's tradition with its colonies is that they are self-governing (although, historically, rarely with universal suffrage), and that the mother-country should stay aloof. Customs (England & Commonwealth Nations) A "General Custom" as a source of law is not normally written, but if a practice can be shown to have existed for

1287-510: The national parliament. Although local authorities may feel that they have a democratic mandate to pass by-laws , the legislative power they wield has been delegated by parliament; and what parliament gives, parliament make later take away. In England, the archetypal common law country, there is a hierarchy of sources, as follows: Governments may sign International Conventions and Treaties; but these normally become binding only when they are ratified. Most conventions come into force only when

1326-486: The operation of the organization, setting out the form, manner, or procedure in which a company or organisation should be run. Corporate by-laws are drafted by a corporation's founders or directors under the authority of its charter or articles of incorporation . By-laws widely vary from organization to organization, but generally cover topics such as the purpose of the organization, who are its members, how directors are elected, how meetings are conducted, and what officers

1365-404: The organization will have and a description of their duties. A common mnemonic device for remembering the typical articles in by-laws is NOMOMECPA, pronounced "No mommy, see pa!" It stands for name, object, members, officers, meetings, executive board, committees, parliamentary authority, amendment. Organizations may use a book such as Robert's Rules of Order Newly Revised for guidelines on

1404-402: The procedures for amending them. It describes who can amend them (usually the membership, but it could be the organization's board of directors ), how much notice is needed, and how much of a vote is needed. A typical requirement is a two-thirds vote provided that previous notice was given or a majority of all the members . In parliamentary procedure , including Robert's Rules of Order ,

1443-434: The seat of power from which the law derives its validity. Legal theory usually classifies them into formal and material sources , although this classification is not always used consistently. Normally, formal sources are connected with what creates the law: statutes, case law, contracts, and so on. In contrast, material sources refer to the places where formal law can be found, such as the official bulletin or gazette where

1482-648: The term, which originates from the Viking town law in the Danelaw , wherein by is the Old Norse word for a larger settlement as in Whitby and Derby (compare with the modern Danish-Norwegian word by meaning town, or the modern Swedish word by , meaning village). However, it is also possible that this usage was forgotten and the word was "reinvented" in modern times through the use of the adverbial prefix by- giving

1521-454: The will that approve laws and agreements. On the other hand, several final sources of law exist, such as the purposes of law, the intentions of the parties in a legal transaction, the goals of each policy, and the ends of the constitution. The perceived authenticity of a source of law may rely on a choice of jurisprudence analysis. Tyrants such as Kim Jong-un may wield De facto power, but critics would say he does not exercise power from

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