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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Statutory Law

Asem Khalil

Content type:
Encyclopedia entries
Product:
Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]
Article last updated:
June 2019

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 30 May 2023

Subject(s):
Rule of law — Judicial review of legislation — Common law — Comparative constitutional law — Statute — Legislative power — Legislative procedure

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum
Managing Editor: Martina Mantovani

1 Statutory law and judge-made law are both attributable to the state. There are two different ways of state’s power forming the law (Herget, Wade, and Bülow 74, 6, 83): ius, the court-made law, and lex (plural legis), ie the law enacted by a legislator or a lawgiver (Lewis and Short 1047). Statutory law, which is a source of positive law (theory of positive law), does not contradict with whatever view one has on natural law (natural law theories and constitutionalism). Indeed, natural law does not tell us which side of the road to drive on and where a common rule...
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