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Natural Law v Positive Law

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English "customary" laws (the "Common Law") includes decisions of judges made according to legal "principles" for which there is no written legislation (Natural Law). European states with a Roman law heritage do not have this element as strongly in their law (Positive Law).   In Jersey, they love to pretend that they are special however, 'Norman Law' is fundamentally 'Roman Law'. How exactly English Common Law came to be adopted in Jersey as 'customary law' appears to have arisen following Magna Carta.   Yes all the rights of Magna Carta applied at some stage in Jersey, most have been superseded, some have been repealed in the UK (such as the Right to Trial by Combat) but I have personally experienced that although the Right to Trial by Combat is still extant in Jersey they will simply not allow you to exercise that right.   Natural Law in philosophy is system of right or justice held to be common to all humans and derived from natu...

Human Rights - Introduction

I believe I have more experience that anyone in Jersey (which includes all Jersey advocates) of dealing with Human Rights matters - this should of course be concerning as it is a statement on how little human rights law matters to Jersey advocates. I have already made four applications to the European Court of Human Rights on my own behalf as well as some on behalf of others. Which is simply to say that I have made a lot of the usual mistakes which applicants make so you don't necessarily need to! It is really important to spread a deeper understanding of Human Rights particularly to those who are administrators of public law (i.e. the public servants). If you have no objections then I will post up some of my experiences - which you may or may not find interesting.