The National Law of a Country

national law

The national law of a country refers to the rules that govern the dealings of a nation with other countries and its citizens with foreigners. These rules are determined by a constitutional system which sets out checks and balances of power and limits of Government authority. This system may be written as a constitution in one document or unwritten as in England, New Zealand and Israel where there are a number of basic laws that guide society and are considered as supreme over any other law.

There are two main schools of thought on the relationship between international law and municipal law. Dualists believe that municipal law can apply only when international law has been incorporated into it and that this can be done either through an act of parliament or by the courts. Monists, on the other hand, believe that municipal law must be subservient to international law.

States Parties should take measures to ensure that a child is not separated from his or her parents against their will except in cases where competent authorities, subject to judicial review, determine, on the basis of all the circumstances of the case, that such separation is necessary for the protection of the child’s best interests.

The right of parents and other adults responsible for a child to secure, within their abilities and financial capacities, the standard of living necessary for the physical, mental, spiritual and moral development of the child shall include the right to provide the child with food, clothing, housing and medical care, as appropriate.

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Cape Town, South Africa