LAW
Chapter 1:
1. What is law?
- Enforceable
- Rules of conduct (=ethics)
- Imposed by public authority
- Structuring civil society
Definition of law: a set of enforceable rules of conduct imposed by the public authority in a
structuring civil society
Ethics: when you exhibit acceptable practices in society and under governing bodies of instruction,
you are delivering patterns of what is considered acceptable, good behavior
Rule of law -> “entering into a contract is binding” (every citizen is subject to the law)
Rule of civility and decent behavior -> “it is an unwritten rule that one should always arrive on time
at an appointment” (focusing on other people, instead of just thinking of our own narrow self-
interest)
2. Distinction
MANDATORY RULES OF LAW VS DEFAULT RULES OF LAW
Mandatory rules: rules you cannot change or derogate
Default rules: these can be overridden by a legally effective agreement (gap filler)
(overridden = overschreven)
PUBLIC POLICY RULES VS MANDATORY PROTECTIVE RULES
Public policy: a set of laws, guidelines, and actions decided and taken by governments in order to
work in favor of the public (social, moral and economic values that tie a society together and changes
overtime)
Mandatory protective: rules that cannot be derogated from by an agreement, their purpose is to
protect a weaker party in a contract
3. Sources of law
Where can the rules of law be found?
- Legislation (wetgeving)
- Jurisprudence/case law
- Legal doctrine (rechtsleer)
- Customary law (gewoonterecht)
Jurisprudence: the study of law, interpretation and application of a general rule of law by a judge or a
court of law on an individual situation
Legal doctrine: picks up questions from legal practice and discusses them in a more general and
profound manner
,Customary law: established pattern of behavior that can be objectively verified within a particular
social setting
Unwritten legal principles of law? -> derived from existing elements of legal system with or without
statutory support
WITH: general principles of good faith
WITHOUT: reasonableness principle
4. Law systems
- Civil law systems: a body of law derived and evolved directly from Roman Law, the primary
feature of which is that laws are struck in writing, codified, and not determined by the
opinions of judges
- Common law systems: a body of law based on the opinions of judges and historic customs
- Religious law systems
5. Branches of Law
PUBLIC LAW VS PRIVATE LAW
Public: relationships between individuals and the government, and those relationships between
individuals which are of direct concern to the society
Examples:
- Administrative law
- Tax law
- Criminal law
Private: the relationships between individual parties rather than between individuals and the State
Examples:
- Civil law
- Commercial law / business law
Chapter 2A:
1. Constitutional law
Definition: defines the role, powers, and structure of different entities within a state (regulates
distribution amongst state institutions)
3 rules of constitutional law:
- Defining the state (boundaries, anthem, flag)
- Recognition of rights of the citizens of that state
- Attribution of power to state institutions (what power do the different state institutions
have?)
EXAMPLE: The Belgian Constitution (1831)
This law had a struggle for power
, Idea of social contract: starting point for organizing states in most European countries (usually
concerns the legitimacy of the authority of the state over the individual.)
2. The language of constitutional law
2.1.The state structure
The way power is distributed amongst entities of the state
UNITARY STATE VS FEDERATION
Unitary: the legislative, executive & judicial branch are centrally focused and have the exclusive
power to deal with the adoption, execution & interpretation of law
Federation: federated areas that are self-governing within the boundaries set by the federation
A unitary government is the only supreme authority, whereas the federal government is the main
authority, whereas local governments are secondary authorities. No distribution of power takes
place in the unitary government system, while the distribution of power to the local governments
does occur in the federalism.
2.2.The government system
MONARCHY VS REPUBLIC
Monarchy: highest power is vested in 1 person & transferred from generation to generation + based
on tradition
Republic: highest power is attributed to political bodies that rule within boundaries of constitution +
headed by president
Monarchy is a form of governance reigned by a king, queen or an emperor. Republic is a form of
government in which the people or their elected representatives possess the supreme power.
THERE IS ALSO DEMOCRACY
Democracy: form of government in which the highest power is vested in the people that are
governed
To be governed = bestuurd zijn
DIRECT VS REPRESNTATIVE DEMOCRACY
Direct: people are involved in decision-making process
Representative: people decide who represent them in decision-making process ((legislative and/or
executive branch, not the judiciary)
Direct democracy is a form of democracy where all laws and policies are created by a general vote of
society while representative democracy is a form of democracy where citizens vote on
representatives to create laws and policy on behalf of them.
2.3.The head of state
The public persona who officially embodies a state in its unity and legitimacy (king Philip)
In a republic, the role of the president can differ !!!
Chapter 1:
1. What is law?
- Enforceable
- Rules of conduct (=ethics)
- Imposed by public authority
- Structuring civil society
Definition of law: a set of enforceable rules of conduct imposed by the public authority in a
structuring civil society
Ethics: when you exhibit acceptable practices in society and under governing bodies of instruction,
you are delivering patterns of what is considered acceptable, good behavior
Rule of law -> “entering into a contract is binding” (every citizen is subject to the law)
Rule of civility and decent behavior -> “it is an unwritten rule that one should always arrive on time
at an appointment” (focusing on other people, instead of just thinking of our own narrow self-
interest)
2. Distinction
MANDATORY RULES OF LAW VS DEFAULT RULES OF LAW
Mandatory rules: rules you cannot change or derogate
Default rules: these can be overridden by a legally effective agreement (gap filler)
(overridden = overschreven)
PUBLIC POLICY RULES VS MANDATORY PROTECTIVE RULES
Public policy: a set of laws, guidelines, and actions decided and taken by governments in order to
work in favor of the public (social, moral and economic values that tie a society together and changes
overtime)
Mandatory protective: rules that cannot be derogated from by an agreement, their purpose is to
protect a weaker party in a contract
3. Sources of law
Where can the rules of law be found?
- Legislation (wetgeving)
- Jurisprudence/case law
- Legal doctrine (rechtsleer)
- Customary law (gewoonterecht)
Jurisprudence: the study of law, interpretation and application of a general rule of law by a judge or a
court of law on an individual situation
Legal doctrine: picks up questions from legal practice and discusses them in a more general and
profound manner
,Customary law: established pattern of behavior that can be objectively verified within a particular
social setting
Unwritten legal principles of law? -> derived from existing elements of legal system with or without
statutory support
WITH: general principles of good faith
WITHOUT: reasonableness principle
4. Law systems
- Civil law systems: a body of law derived and evolved directly from Roman Law, the primary
feature of which is that laws are struck in writing, codified, and not determined by the
opinions of judges
- Common law systems: a body of law based on the opinions of judges and historic customs
- Religious law systems
5. Branches of Law
PUBLIC LAW VS PRIVATE LAW
Public: relationships between individuals and the government, and those relationships between
individuals which are of direct concern to the society
Examples:
- Administrative law
- Tax law
- Criminal law
Private: the relationships between individual parties rather than between individuals and the State
Examples:
- Civil law
- Commercial law / business law
Chapter 2A:
1. Constitutional law
Definition: defines the role, powers, and structure of different entities within a state (regulates
distribution amongst state institutions)
3 rules of constitutional law:
- Defining the state (boundaries, anthem, flag)
- Recognition of rights of the citizens of that state
- Attribution of power to state institutions (what power do the different state institutions
have?)
EXAMPLE: The Belgian Constitution (1831)
This law had a struggle for power
, Idea of social contract: starting point for organizing states in most European countries (usually
concerns the legitimacy of the authority of the state over the individual.)
2. The language of constitutional law
2.1.The state structure
The way power is distributed amongst entities of the state
UNITARY STATE VS FEDERATION
Unitary: the legislative, executive & judicial branch are centrally focused and have the exclusive
power to deal with the adoption, execution & interpretation of law
Federation: federated areas that are self-governing within the boundaries set by the federation
A unitary government is the only supreme authority, whereas the federal government is the main
authority, whereas local governments are secondary authorities. No distribution of power takes
place in the unitary government system, while the distribution of power to the local governments
does occur in the federalism.
2.2.The government system
MONARCHY VS REPUBLIC
Monarchy: highest power is vested in 1 person & transferred from generation to generation + based
on tradition
Republic: highest power is attributed to political bodies that rule within boundaries of constitution +
headed by president
Monarchy is a form of governance reigned by a king, queen or an emperor. Republic is a form of
government in which the people or their elected representatives possess the supreme power.
THERE IS ALSO DEMOCRACY
Democracy: form of government in which the highest power is vested in the people that are
governed
To be governed = bestuurd zijn
DIRECT VS REPRESNTATIVE DEMOCRACY
Direct: people are involved in decision-making process
Representative: people decide who represent them in decision-making process ((legislative and/or
executive branch, not the judiciary)
Direct democracy is a form of democracy where all laws and policies are created by a general vote of
society while representative democracy is a form of democracy where citizens vote on
representatives to create laws and policy on behalf of them.
2.3.The head of state
The public persona who officially embodies a state in its unity and legitimacy (king Philip)
In a republic, the role of the president can differ !!!
