noa
law def (2)
the legitimate record of needs in a society (Pitio) + what people should and must do or not
legitimicy
authority based on reasonablesness and fairness + correct accirding to values (morality)
legal
correct accirding to rules = validity
codification
writing norms in legislation (corpus juris civilis + code napoleon)
descriptive statement
points a fact true or false
normative statement
points a regulation (valid or not)
administrative law
division of law governing the activities of executive branch agencies of gvt
criminal law
rules concerning the criminality of certain behaviours (state power)
legal fiction
parties are to be expected to know all the relevant law that is applicable to their own interest
legality principle
no power without a ground in the law (only law can define crime)
accountability principle
no power withiut accountability = ppl are accountable for their actions (seperation of power + dualism)
declarative theory
states declare that others are states (exist without recognition)
constitutive theory
states dont exist without recognition
rules of law (4)
- principle of legality
- independant and impartial judge
- seperation of power
- respect for basic human rights (freedom and democracy)
inter. orgs intergovrnmental (ex)
always conversion into national legislation (NATO, CoE)
supranational int. orgs
exceeding national sovereignity (UN safety council, European community of EU)
diff institutions of EU (three)
parliament
european comission
council
ius ad bellum
law regulating the start of a war (when is war okay)
ius in bello
law regulating actions during a war
4 principles of ius ad bellum
- principles of humanity (of there is no law look at morality)
- principles of distinction (btw combatants and non combattants)