Portal:Law

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The Law Portal

Lady Justice, often used as a personification of the law, holding a sword in one hand and scales in the other.

Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the art of justice. State-enforced laws can be made by a group legislature or by a single legislator, resulting in statutes; by the executive through decrees and regulations; or established by judges through precedent, usually in common law jurisdictions. Private individuals may create legally binding contracts, including arbitration agreements that adopt alternative ways of resolving disputes to standard court litigation. The creation of laws themselves may be influenced by a constitution, written or tacit, and the rights encoded therein. The law shapes politics, economics, history and society in various ways and also serves as a mediator of relations between people.

Legal systems vary between jurisdictions, with their differences analysed in comparative law. In civil law jurisdictions, a legislature or other central body codifies and consolidates the law. In common law systems, judges may make binding case law through precedent, although on occasion this may be overturned by a higher court or the legislature. Historically, religious law has influenced secular matters and is, as of the 21st century, still in use in some religious communities. Sharia law based on Islamic principles is used as the primary legal system in several countries, including Iran and Saudi Arabia.

The scope of law can be divided into two domains: public law concerns government and society, including constitutional law, administrative law, and criminal law; while private law deals with legal disputes between parties in areas such as contracts, property, torts, delicts and commercial law. This distinction is stronger in civil law countries, particularly those with a separate system of administrative courts; by contrast, the public-private law divide is less pronounced in common law jurisdictions. (Full article...)

Selected article

A modern photograph of a large chamber with many desks and chairs arranged in a semicircle

The Scottish Parliament (Scottish Gaelic: Pàrlamaid na h-Alba [ˈpʰaːrˠl̪ˠəmɪtʲ ˈhal̪ˠapə]; Scots: Scots Pairlament) is the devolved, unicameral legislature of Scotland. Located in the Holyrood area of the capital city, Edinburgh, it is frequently referred to by the metonym Holyrood. The Parliament is a democratically elected body comprising 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of additional member system (MMP): 73 MSPs represent individual geographical constituencies elected by the plurality (first-past-the-post) system, while a further 56 are returned as list members from eight additional member regions. Each region elects seven party-list MSPs. Each region elects 15 to 17 MSPs in total. The most recent general election to the Parliament was held on 6 May 2021, with the Scottish National Party winning a plurality.

The original Parliament of Scotland was the national legislature of the independent Kingdom of Scotland and existed from the early 13th century until the Kingdom of Scotland merged with the Kingdom of England under the Acts of Union 1707 to form the Kingdom of Great Britain. As a consequence, the Parliament of Scotland ceased to exist, while the Parliament of England, which sat at Westminster, was subsumed into the Parliament of Great Britain. In practice, all of the traditions, procedures, and standing orders of the English parliament were retained, with the addition of Scottish members in both the Commons and Lords.

Following a referendum in 1997, in which the Scottish electorate voted for devolution, the powers of the devolved legislature were specified by the Scotland Act 1998. The Act delineates the legislative competence of the Parliament – the areas in which it can make laws – by explicitly specifying powers that are "reserved" to the Parliament of the United Kingdom. The Scottish Parliament has the power to legislate in all areas that are not explicitly reserved to Westminster. The UK Parliament retains the ability to amend the terms of reference of the Scottish Parliament, and can extend or reduce the areas in which it can make laws. The first meeting of the new Parliament took place on 12 May 1999. (Full article...)

Selected biography

A large stone castle, with imposing towers either side of the gateway, is partly obscured by trees on the green in front of the building. A road leads up to the castle, at the end of which are parked six cars outside the high wooden doors.

The Samlesbury witches were three women from the Lancashire village of Samlesbury – Jane Southworth, Jennet Bierley, and Ellen Bierley – accused by a 14-year-old girl, Grace Sowerbutts, of practising witchcraft. Their trial at Lancaster Assizes in England on 19 August 1612 was one in a series of witch trials held there over two days, among the most infamous in English history. The trials were unusual for England at that time in two respects: Thomas Potts, the clerk to the court, published the proceedings in his The Wonderfull Discoverie of Witches in the Countie of Lancaster; and the number of the accused found guilty and hanged was unusually high, ten at Lancaster and another at York. All three of the Samlesbury women were acquitted.

The charges against the women included child murder and cannibalism. In contrast, the others tried at the same assizes, who included the Pendle witches, were accused of maleficium – causing harm by witchcraft. The case against the three women collapsed "spectacularly" when the chief prosecution witness, Grace Sowerbutts, was exposed by the trial judge to be "the perjuring tool of a Catholic priest". (Full article...)

Selected statute

A statute is a formal written enactment of a legislative body, a stage in the process of legislation. Typically, statutes command or prohibit something, or declare policy. Statutes are laws made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, regulations issued by government agencies, and oral or customary law.[better source needed] Statutes may originate with the legislative body of a country, state or province, county, or municipality. (Full article...)


Drawing of people regarding carved tablets.

The Laws of the Twelve Tables (Latin: lex duodecim tabularum) was the legislation that stood at the foundation of Roman law. Formally promulgated in 449 BC, the Tables consolidated earlier traditions into an enduring set of laws.

In the Forum, "The Twelve Tables" stated the rights and duties of the Roman citizen. Their formulation was the result of considerable agitation by the plebeian class, who had hitherto been excluded from the higher benefits of the Republic. The law had previously been unwritten and exclusively interpreted by upper-class priests, the pontifices. Something of the regard with which later Romans came to view the Twelve Tables is captured in the remark of Cicero (106–43 BC) that the "Twelve Tables...seems to me, assuredly to surpass the libraries of all the philosophers, both in weight of authority, and in plenitude of utility". Cicero scarcely exaggerated; the Twelve Tables formed the basis of Roman law for a thousand years.

The Twelve Tables are sufficiently comprehensive that their substance has been described as a 'code', although modern scholars consider this characterization exaggerated. The Tables are a sequence of definitions of various private rights and procedures. They generally took for granted such things as the institutions of the family and various rituals for formal transactions. The provisions were often highly specific and diverse. (Full article...)

Did you know...

Aerial photograph of an island.

  • ... that in the Bancoult litigation, the English courts and government first decided that the Chagossians could return home (pictured), then that they couldn't, then that they could, and then that they couldn't?

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Selected case

Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of a legal case that have been resolved by courts or similar tribunals. These past decisions are called "case law", or precedent. Stare decisis—a Latin phrase meaning "let the decision stand"—is the principle by which judges are bound to such past decisions, drawing on established judicial authority to formulate their positions. (Full article...)


Photograph of a court building.

Public Prosecutor v. Taw Cheng Kong is a landmark case decided in 1998 by the Court of Appeal of Singapore which shaped the landscape of Singapore's constitutional law. The earlier High Court decision, Taw Cheng Kong v. Public Prosecutor, was the first instance in Singapore's history that a statutory provision was struck down as unconstitutional. The matter subsequently reached the Court of Appeal when the Public Prosecutor applied for a criminal reference for two questions to be considered. The questions were:

  1. whether section 37(1) of the Prevention of Corruption Act (Cap. 241, 1993 Rev. Ed.) ("PCA") was ultra vires the powers of the legislature on the ground that the legislature had, under section 6(3) of the Republic of Singapore Independence Act 1965 (No. 9 of 1965, 1985 Rev. Ed.), been divested of the power to legislate extraterritorially; and
  2. whether section 37(1) of the PCA was discriminatory against Singapore citizens and hence inconsistent with Article 12(1) of the Constitution of the Republic of Singapore (1992 Reprint) (now the Singapore Constitution (1999 Reprint)).

In answering both questions in the negative, the Court of Appeal overturned the High Court's finding that the statute was unconstitutional. The Court of Appeal further clarified Singapore's stance on legislative plenary power and expounded upon Article 12(1) of the Constitution, explaining that the promise of equality does not mean that all persons are to be treated equally, but simply that all persons in like situations will be treated alike. Drawing on foreign case law, the Court of Appeal further outlined the test to determine if a differentiating law falls foul of Article 12. (Full article...)

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