HCL001 TOPIC 1. (final)

define law

rules & regulations that govern society

purpose of law

provides legal protection for all citizens

(law is to be argued)

function of law

to bring unity to society, peace & prosperity

lagu

Scandinavian word meaning what is laid down/prescribed

loi

french word meaning that which is binding/bound by

why is law not really straight forward

bc law is an argumentative topic

why is law argumentative

argued by lawyers

positivist view

parliament is only proper law making body

realist view

all those appointed by law must perform their duties according to law

naturalist view

all laws must be based on Christian principles, Christian values & Biblical teachings

sociological view

no law/laws shall not impact everyday life of society

marxist view

any law that brings poverty to society is a bad law

hierarchy of laws

1. constitution

2. legislation

3. subsidiary legislation

4. common law & equity

5. customary law

6. international law

constitution

highest law, top law/supreme law of land

authority that ests parliament, judiciary/courts & executive council/cabinet

Art 42:

“there shall be a parliament of samoa consisting of HOS & members of legislative assembly”

" 65: judiciary/courts

" 32: executive council/cabinet

diff betw parliament & legislative assembly

parliament incls HOS

          Legislative assembly refs to members only

4 functions of parliament

1.   Make laws (main function)

2.   Empowered to amend laws (make changes)

3.   Can set aside any law

4.   Quash the law

legislation

Part of principle legislation

(that empowers ministers of cabinet to make special appointments)

aka subordinate legislation/ statutory instrument

common law

legal system of England adopted by samoa which refers to prev decisions of the court

why are you and I known as common law people?

Bc Samoa adopted legal system of england, common law of england

customary law

Existed before introduced laws & cont to exist

defines Samoa's status, association, responsibilities & rights within our community

when did introduced laws come into samoa’s legal system/practiced in samoa

introduced law practiced in samoa from 1900 till now

1900-1914 samoa was colonised by republic of germany

1914-1962 new zealand

what laws governed samoa during time of colonialism

laws of Germany & NZ

introduced law

Laws brought by superior countries during time of colonisation

colonialism/colony vs protectorate

colony: Superior country ruling over dependent country, people & land

protectorate: ^people only, not land

8 PMs since independence

1, Fiame Mataafa Mulinuu 2^nd

2. tupua tamasese lealofi 4^th

3. Tupuola efi

4. vaai kolone

5. tofilau eti alesana

6. Tuilaepa sailele malielegaoi

7. fiame naomi mataafa

8. Laauli leuatea Schmidt

international law

1.   To do w trading

Treaties, agreements, bilateral, multilateral agreements

 

Core area of law in trading betw businesses

contract law

legislature

main law making body in country (parliament is only proper law making body)

applied laws vs adopted laws

APPLIED: laws of superior country applied upon dependent country during time of colonialism

ADOPTED: laws of superior country adopted by dependent country when dependent country becomes independent

what laws did samoa adopt when it became independent

laws of new zealand

1914 - 1962 (nz colonisation over samoa)

(during times of colonialism, they applied)

define standing orders, court rules & policies

standing orders: rules that govern PARLIAMENTARY proceedings 

court rules: rules that govern COURT proceedings

policies: rules that govern the GOVERNMENT operations

3 arms of gov & rules that govern

parliament: standing orders

judiciary: court rules

government: policies

 

how many laws/pieces of legislation/acts of parliament of samoa have been passed by parliament?

269

“no one is above the law”

law is binding on everyone meaning everyone is equal under the law

Instigator of phrase:

1. “not only justice must be done, but also seem to be done”

2. “it is better that 10 guilty men are set free than 1 innocent man is punished for a crime he did not commit”

1. Sir Gordon Hewart (directed to judiciary)

2. Sir William Blackstone (directed to judiciary)

sophistry

Clever use of arguments that seem true but are false to deceive ppl

hm info

“subordinate legislation” = process used by some countries to est & create new constitution

 

“locally enacted legislation” = ref to legislation made in country either before/after independence

“the horse had bolted” = too late to take action, alr happened & can’t be undone