Law is a field that everyone assumes, but the assumption is clearly wrong. The rule of law is very complex so that most lawyers only specialize in certain areas because they cannot track everything that happens. This mainly develops sustainable development of something known as general law.
Okay, this is the time to travel back to your citizenship class. How is our government process regulated? Well, there are three legislative branches, judicials and executives. Legislature, Congress, should make laws. Judicial, court, should keep an eye on that. Executive, president, should uphold it and guide the country. As you might notice, the lines become somewhat blurred when it comes to these tasks and tasks.
General law is the result of some of these blurred. Congress, as you might notice, is not fully filled with the best of the best when it comes to intellectual mind. The legislature tends to go through laws that are contrary to other laws passed or not handling large problems in the area. The only way to deal with this is for court interpreting laws and making decisions. This decision is known as a general law because they set the standards that must be followed even though the court should not make the law.
For example, let’s go directly to the topic of hot buttons – abortion. The United States Supreme Court ruled on Roe v. Wade that the privacy rights are attached to the constitution and which is said to be right enough to reign that women have the right to control their bodies. Thus, we know that abortion is legal as a general legal issue. Of course, the court is now much more conservative and will reverse Roe v. Wade may be faster than later, but it is another problem for other articles.
Now compare the federal situation for abortion questions as applied in California. The state has its own constitution. The right to privacy is specifically written into the document and there is no room for interpretation. Although technically not written by the legislature in California, the law is “on books” and does not need a court to determine whether that rights exist as a general legal problem or not. Given this, the right to privacy will always be in California unless the state constitution is changed.
So, which sets of rules play more prominent rules in real life – laws passed by Congress or General Law issued by the court? It depends on the field of law, but the law is commonly used in the majority of cases in one form or another.
