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Government & Politics
Sources of Law
Sources of Law The U.S. Constitution is the supreme law of the land. State constitutions establish the essential structure of government, but cannot make laws that conflict with their constitutions or that of the U.S. government. State constitutions allow people to participate directly in government, through referendum and initiative. They also don't have to provide for separation of powers. Statutes govern mostly daily life and are mostly enacted because of current situations. Statutory language is much more complicated than most of the language found in constitutions. Statutory laws are very open to different interpretations. Appellate courts sometimes end disputes by defining confusing statutory language for good in their decisions. Administrative Regulations and Decisions Congress can create institutions that have specific areas in which they can make whatever laws they feel are necessary. Final decisions of the agencies can be appealled in court, but this is only because the orders and policy statements of the agencies are the equivalent of laws. State and local administrative agencies can also create these laws. Law brought about because of administrative agencies is called administrative law. Common law came to America from England and is based on the doctrine of stare decisis, which means "let the decision stand." It means that when courts are hearing a case, they will adhere to previous court decisions and prevents contradicting and controvercial court decisions. Common law continues to grow because courts are often presented with issues that have not been dealt with before. Stare decisis is only a guide, and previous decisions can be overturned or simply ignored. Bibliography:
Word Count: 264
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