In law

In law, there are different schools of thought relating to the study of law and jurisprudence. Jurisprudence is the study of the theory of law.

Task 1. Explain the Positivist prespective

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As claimed by legal positivists, the State is formed only of written laws that are being made by the State dominion that is based on the power bestowed upon them under the State’s Constitution. As the laws state:

1 “The Constitution as the supreme law of the State” 1

2 “No person or body other than Parliament has authority conferred by this Constitution or by written law.” 2

3 Regualtions or subsidiary legislation approved by Cabinet to facilitate the implementation of primary legislation

4 Case law principles estbalishedd by the suprior courts Supreme Court of Fiji and the Fiji Court of Appeal

These laws balance the governanvce of the State and the alliance between the State and groups, organisations and individuals of the State.


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