Law — Important Questions

Laws that arise from decisions and precedents set by judges

Case-laws arise from the adjudication process where judges settle disputes. The decisions of judges form precedents for future cases. As judges were considered the 'wisest men of the community', their decisions gained special sanctity and formed what is called case-law. Religious laws come from holy books, statutory laws are passed by the legislature, and laws before the state are related to custom.

Natural Law

Natural Law (called Dharma in Hindu philosophy) is abstract and is considered to be authored by nature or some supernatural agency. It is understood through the rational faculty of man. Positive law, on the other hand, is concrete, man-made, and written in the statute book. Constitutional law is the highest law of a country. Criminal law deals with crimes like theft and murder.

The territorial jurisdiction of the sovereign authority that formulated it

National or Municipal law is formulated by the sovereign authority and is applicable to people living under its territorial jurisdiction. It determines private and public relations of the people living in that state. International law applies to all nations. Laws for only government officials are administrative laws, and all the above examples apply to all citizens, not just specific groups.

Constitutional law has a higher status and ordinary law must be consistent with it

Constitutional law has a higher status because it is part of the constitution of the state. Ordinary law is created by the legislature and must keep itself consistent with constitutional law. If ordinary law violates the constitution, it can be struck down. Dealing with crimes vs civil wrongs is the difference between criminal and civil law. Constitutional vs international is a different distinction altogether.