Summary
Summary Law - IBM2324
- Course
- Institution
Summary of the entire course of law.
[Show more]
Seller
Follow
JosIBM
Content preview
Chapter 1: General Introduction Definition of Law:
Enforceable rules of conduct imposed by public authority structuring
civil society.
Example: Contracts are binding by law, while punctuality is a rule of
civility.
Distinctions in Law:
Mandatory Rules of Law: Apply regardless of chosen governing law.
Default Rules of Law: Can be overridden by legal agreement ("gap
fillers").
Types of Mandatory Rules:
Public Policy Rules (ordre public): Principles underpinning legal
systems, reflecting social, moral, and economic values.
Mandatory Protective Rules: Aim to protect economically weaker
parties in contracts.
Sources of Law:
Legislation: Acts of Parliament, treaties, constitutions, presidential
decrees, government decisions, European regulations.
Jurisprudence (Case Law): Judge's interpretation and application of
general rules in specific cases.
Legal Doctrine: Systematic analytical evaluation of private, criminal,
and public law.
Customary Law: Intrinsic to indigenous peoples and local communities,
limited in modern systems.
Legal Principles: Derived from legal systems with or without statutory
support.
Legal Systems:
Civil Law Systems: Derived from Roman law, laws codified in writing.
Common Law Systems: Based on judges' opinions and customs.
Religious Law Systems: Based on religious texts and principles.
1
Summary Law IBM 2023-2024
, Branches of Law:
Public Law: Governs relationships between individuals and the
government (e.g., constitutional, administrative, tax, criminal, procedural
law).
Private Law: Governs relationships between individual parties (e.g., civil
law, commercial law).
Chapter 2: Constitutional Law
Purpose of Constitutional Law:
Defines the state (boundaries, anthem, flag).
Recognizes citizens' rights.
Attributes and limits power to state institutions.
Belgian Constitution Overview:
Title I: Federal Belgium, its components, and territory.
Title Ibis: General political objectives of federal Belgium, Communities,
and Regions.
Title II: Rights of Belgians.
Title III: Powers of state institutions.
Power and Freedom:
Explores the extent of state interference in individual freedoms.
Idea of 'social contract' as the basis for organizing states.
Distribution of Power:
Trias Politica: Separation of powers among legislative, executive, and
judiciary.
State Structure:
Unitary State: Centralized legislative, executive, and judicial power.
Federation: Self-governing federated areas with autonomy in
legislation and government.
2
Summary Law IBM 2023-2024
, Government Systems:
Monarchy: Power vested in one person, transferred by tradition.
Republic: Power attributed to political bodies within constitutional
boundaries.
Democracy:
Direct Democracy: People involved directly in decision-making.
Representative Democracy: People elect representatives to make
decisions.
Roles of State Entities:
Head of State: Varies by constitution, especially in republics.
Legislature: Typically composed of two houses.
Executive Branch: Led by a prime minister or president, executes laws,
controlled by the legislature.
Judiciary: Different systems include common law (e.g., UK, USA) and
continental law (Western Europe).
Summary of Belgian Constitutional Law (Chapters 1 and 2)
Key Dates in Belgian Constitutional History:
4 October 1830: Temporary Government proclaims Belgium’s independence.
10 November 1830: National Congress is established to draft the
Constitution.
7 February 1831: Belgian Constitution is proclaimed.
21 July 1831: Leopold I takes the constitutional oath as the first King of the
Belgians.
1831: Introduction of the levy-based electoral system.
1893: Universal right of plural voting (compulsory voting) established.
1919: Universal single vote system introduced ('one man one vote').
1948: Women are given the right to vote and to be eligible for office.
1963: Belgium is divided into four language regions.
1993: Amendment of the Constitution establishes Belgium as a federal state
composed of Communities and Regions.
3
Summary Law IBM 2023-2024
The benefits of buying summaries with Stuvia:
Guaranteed quality through customer reviews
Stuvia customers have reviewed more than 700,000 summaries. This how you know that you are buying the best documents.
Quick and easy check-out
You can quickly pay through credit card or Stuvia-credit for the summaries. There is no membership needed.
Focus on what matters
Your fellow students write the study notes themselves, which is why the documents are always reliable and up-to-date. This ensures you quickly get to the core!
Frequently asked questions
What do I get when I buy this document?
You get a PDF, available immediately after your purchase. The purchased document is accessible anytime, anywhere and indefinitely through your profile.
Satisfaction guarantee: how does it work?
Our satisfaction guarantee ensures that you always find a study document that suits you well. You fill out a form, and our customer service team takes care of the rest.
Who am I buying these notes from?
Stuvia is a marketplace, so you are not buying this document from us, but from seller JosIBM. Stuvia facilitates payment to the seller.
Will I be stuck with a subscription?
No, you only buy these notes for $6.97. You're not tied to anything after your purchase.
Can Stuvia be trusted?
4.6 stars on Google & Trustpilot (+1000 reviews)
53340 documents were sold in the last 30 days
Founded in 2010, the go-to place to buy study notes for 14 years now