reclaimthelaw

Yes, in many democratic societies, the government has a duty of care to maintain and protect the right to free speech. This duty is often enshrined in a country’s constitution, legal framework, or international human rights obligations. Here’s a breakdown of what this duty entails: In summary, the government’s duty of care to maintain the […]

When a conflict arises between what is legal (i.e., in strict accordance with statutory laws) and what is lawful (i.e., in accordance with broader principles of justice and morality), the concept of superior law comes into play. Superior law refers to the idea that certain principles, often grounded in constitutional, natural, or common law, take […]

The terms “legal” and “lawful” are often used interchangeably, but they have distinct meanings and connotations that can be important in certain contexts. Legal Lawful Examples Conclusion Understanding the difference between these terms can be crucial, especially in discussions about the justice system, ethics, and governance.

When the government enacts an Act of Parliament, it is creating new legislation or amending existing legislation through a formal legislative process. However, the government is not paid to “enact” a pre-existing law per se but rather to legislate in accordance with the principles of the Constitution, statutory law, common law, and other legal frameworks […]

Strict liability in legal terms refers to a situation where a party is held responsible for their actions or omissions regardless of intent or negligence. When it comes to the government’s duty of care to enact the law, this concept would mean the government is automatically liable for any harm resulting from its failure to […]