The head of state is other than the executive, and symbolically enacts legal guidelines and acts as consultant of the nation. Examples embody the President of Germany , the Queen of the United Kingdom , and the President of Austria . The different necessary model is the presidential system, found within the United States and in Brazil. In presidential systems, the chief acts as each head of state and head of government, and has power to nominate an unelected cabinet. Under a presidential system, the manager branch is separate from the legislature to which it is not accountable.
But in frequent law international locations, the place issues aren’t constitutional, the judiciary may also create law beneath the doctrine of precedent. The UK, Finland and New Zealand assert the perfect of parliamentary sovereignty, whereby the unelected judiciary could not overturn law passed by a democratic legislature. In 1934, the Austrian philosopher Hans Kelsen continued the positivist tradition in his e-book the Pure Theory of Law. Kelsen believed that though law is separate from morality, it’s endowed with “normativity”, that means we should obey it. While legal guidelines are positive “is” statements (e.g. the fine for reversing on a freeway is €500); law tells us what we “ought to” do. Thus, each legal system may be hypothesised to have a basic norm instructing us to obey.
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Bentham and Austin argued for law’s positivism; that actual law is entirely separate from “morality”. Kant was also criticised by Friedrich Nietzsche, who rejected the precept of equality, and believed that law emanates from the desire to power, and can’t be labeled as “moral” or “immoral”. Email contact for questions about student experiences, with questions answered by present Cambridge Law college students.
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