Law. I INTRODUCTION Law, body of official rules and regulations, generally found in

« their rules are reviewable by the courts. U.S.

constitutional law is the most extensive and pervasive of any country in the world.

It is embodied in the Constitution and in the opinions of the U.S.

Supreme Courtrendered over time.

Through its power of judicial review, the Supreme Court may invalidate any legislation or other governmental actions that it finds to be in violationof the Constitution.

Constitutional courts in some civil-law countries have similar powers.

In the United Kingdom no equivalent judicial power exists, and Parliament issupreme.

In totalitarian nations, constitutional limits on legislative power are generally a matter of political determination. The U.S.

Constitution allocates power within the federal government and between the federal and state governments.

The first ten amendments (the Bill of Rights) andsubsequent amendments define fundamental individual rights by placing limits on the powers of government at all levels.

Through its powers of judicial review andinterpretation, the Supreme Court has played a remarkable role in facilitating the growth of national power and influence by means of decisions about acts of Congressand federal administrative law.

The Court has, for the most part, acted extensively to invalidate and inhibit discriminatory legislation and to adjust the relativedistribution of government-connected services and revenue so as to ultimately provide for more democratic social relations.

The Court, however, is frequently the centerof much controversy because of widely varying interpretations about its role and the nature of constitutional law. Laws concerning taxation and the regulation of business are in the public area, as is criminal law, which involves the exercise of governmental power by way ofenforcement and punishment.

Historically, criminal law in Britain included crimes defined by the courts.

In the United States crimes are defined by statute, thussatisfying constitutional notions of due process.

The public-law nature of the area is further emphasized by other constitutional protections such as the right of theaccused to remain silent and the right to effective counsel.

Criminal law not only promotes security and order but also reinforces moral norms.

Debate has beencontinuous regarding the legitimacy of government intervention in areas where moral attitudes are in significant conflict, such as in matters of sexual practices,pornography, birth control, and euthanasia. V PRIVATE LAW Private law involves the various relationships that people have with one another and the rules that determine their legal rights and duties among themselves.

The areais concerned with rules and principles pertaining to private ownership and use of property, contracts between individuals, family relationships, and redress by way ofcompensation for harm inflicted on one person by another.

Historically, government involvement was usually minimal.

Private law has also operated to provide generalguidelines and security in private arrangements and interactions in ways that are complementary to morality and custom but that are not necessarily enforceable in acourt of law, such as noncontractual promises and agreements within an association of private individuals. The relative significance of purely private law has decreased in modern times.

Public law dominates in government-controlled societies; democratic societies increasinglyhave a mix of public and private law.

The private sphere includes individuals and a vast array of groups, associations, organizations, and special legal entities such ascorporations.

They compete with one another and with government for control of resources, wealth, power, and the communication of ideas and values.

Special fields oflaw, such as labor law, facilitate and control this competition.

Much of such law is in the commercial and corporate areas.

The formerly purely private law of property andcontracts, for example, is now overlaid with legislation, regulations, and judicial decisions reflecting the competition.

The public law of taxation has significant impact onthe whole private sphere.

Courts have increasingly regarded resolution of seemingly private disputes as vehicles for response to changing social conditions andvalues—especially in the U.S.

Thus, manufacturers have experienced an expansion of liability for physical injuries caused by defects in their products.

The mechanism ofinsurance allows manufacturers to spread such costs across the general consuming public. VI INTERNATIONAL LAW The legal process that concerns relations among nations is called international law.

Belief and experience in some form of international law dates from at least the daysof the Roman Empire.

Such law differs greatly from national legal systems.

No court has the authority or power to give judgments backed by coercive sanctions.

Even inits most modern developments, international law is almost wholly based on custom.

The precedents on which it rests are the acts of independent governments in theirrelations with one another, including treaties and conventions.

Behind many of its rules is only a moral sanction: the public opinion of the civilized world.

When treatiesor conventions are involved, however, machinery to enforce them exists—either an arbitration or conciliation procedure or the submission of the dispute to a regional orinternational court. A discernible body of rules and principles is observed or at least acknowledged in international relations.

These rules concern such matters as territorial titles andboundaries, use of the high seas, limits on war, telecommunication, diplomatic and consular exchange, and use of air space.

The major sources of international law onthese matters are multilateral treaties, international custom, and such general principles as are recognized by civilized nations. The United Nations is one of the primary mechanisms that articulate and create international law.

The General Assembly and other agencies of the UN bring acombination of diplomacy, negotiation, and propaganda to bear on world affairs in ways that produce effective international treaties and affect world opinion.

Certaincourts also have indirect impact, including the International Court of Justice ( see International Court of Justice, United Nations).

Domestic courts in various nations at times also engage in the articulation of international law. See also International Law; Attorney; International Law, Private; League of Nations; United Nations. Contributed By:Walter ProbertMicrosoft ® Encarta ® 2009. © 1993-2008 Microsoft Corporation.

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