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'Law is based upon legislative instruments and judicial decisions.' This statement is NOT true for which of the following? (A) The common law system (B) The civil law system (C) Customary law (D) International law - HSC - SSCE Legal Studies - Question 4 - 2001 - Paper 1
Question 4
'Law is based upon legislative instruments and judicial decisions.' This statement is NOT true for which of the following? (A) The common law system (B) The civil la... show full transcript
Worked Solution & Example Answer:'Law is based upon legislative instruments and judicial decisions.' This statement is NOT true for which of the following? (A) The common law system (B) The civil law system (C) Customary law (D) International law - HSC - SSCE Legal Studies - Question 4 - 2001 - Paper 1
Step 1
Customary law
Answer
The statement that 'law is based upon legislative instruments and judicial decisions' is not true for customary law because customary law is largely based on established practices and norms that are accepted and followed by a community, rather than being derived from formal legislation or judicial precedents. Customary law originates from longstanding traditions and societal customs, which do not require formal documentation in the same manner as legislative statutes or judicial decisions.
Step 2
Analysis of other options
Answer
For completeness, it's useful to analyze the other options:
- The common law system: This system heavily relies on judicial decisions as a source of law, alongside legislative instruments.
- The civil law system: This system typically emphasizes codified laws and statutory provisions, which are expressions of legislative support.
- International law: Often includes both treaties (legislative instruments) and decisions from international courts, thus aligning with the statement.
Therefore, the correct answer is C (Customary law), as it is the only system that does not primarily depend on legislative instruments and judicial decisions.