Application of the unwritten sources, Business Law and Ethics


Conversely it is a rule of England Law that unwritten laws are to be applied subject to the provisions' that any applicable written law.  In fact it is a consequence of the constitutional doctrine of parliamentary supremacy and the fact which written laws are made through parliament, either  indirectly or directly.

Whereas  it is said like an unwritten law is applied subject to a written law it does not connote that a written law is more necessary than an unwritten law.  Because if any rule of unwritten law as for condition that a rule of African customary law is in conflict with a clause in a written law, the unwritten law will cease to have the force of law since the moment the written law comes into effect.

However this rule enables Parliament to make new laws to replace existing customs as social conditions change.  Hence it obviates the possibility of having two conflicting rules of law regarding one factual situation also.

conversely an unwritten law that is not in conflict such a written law is as binding as any written law and a breach of it renders that what has been done as illegal as whether the law broken was a written law also.

Posted Date: 1/16/2013 3:09:03 AM | Location : United States

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