Legal principle

In a modern constitutional democracy, laws are created via a hierarchical legislative process. You will find the principal legal principles laid down in a constitution, which derives its legitimacy directly from the will of the people and can only be amended via referendum. The constitution sets out your basic rights as an individual in the... 

In summary, you will find that Acts contain the broad legal principles whereas you are more likely to find the detailed technical requirements of the law in the regulations. 

Legal principles in the area of dietary supplements are not well established. Some believe that liability should be the same for dietary supplements as it is for prescription and pharmacist-recommended non-prescription drugs [55]. 

The clear conclusion is, therefore, that legal principles are a very shaky basis from which to argue against auctioning. On the contrary, legal considerations suggest that auctions may be favoured over free allocations. 

Any national deviation from EC legislation under national law must be notified to the European Commission, which may decide against the legislation. In these cases, the European Court of Justice may make the final decision on application of legal principles. Several Member States have taken regulatory measures beyond any enacted at the EU level. Cases include (i) Austria s ban on polybrominated biphenyls (PBB) (ii) the Netherlands ban on mercury in thermometers and Denmark s near-total ban on all uses of lead. In some instances, the European Commission has challenged the action of a Member State [251]. The most famous case was when Sweden banned trichloroethylene (TCE). The European Court of Justice held that Sweden was entitled to the ban because proportionality was respected through a system of authorisations [252],... 

The most well-known legal principle in the field of chemicals policy is the Precautionary Principle it is so well-known that it hardly requires any further introduction here. It was introduced into EU environmental law through the Maastricht Treaty in 1992. The principle s value as a guide for decision making in different policy areas is often questioned, and some analyses of its impact on EU chemicals policy indicate that its influence is not that significant (Heyvaert, 2006), though it can be hard to determine exactly how influential the principle has been for important law cases from the Court of Justice of the European Communities. 

The Substitution Principle, sometimes referred to as the Product Choice Principle, or as the Principle of Substitution, is not so well-known (in Sweden, the term Substitution Principle was used until 1999, and then the principle was renamed the Product Choice Principle). It is an established legal principle in some countries, including Sweden where the principle was first established in law in 1985 (though the wording has changed over the years). The exact definition of the principle may vary between legal jurisdictions, but the essential content of the principle is ... 

The Substitution Principle was introduced as a legal principle in Sweden through the enactment of the 1985 Chemicals Act. When the Environmental Code replaced the Chemicals Act and several other major environmental laws in 1999, the principle was expressed in the 2nd chapter of the Code, now named the Product Choice Principle. 

Abdeixahmann W. A. (2000) Application of Islamic legal principles for advanced water management. Water Inter. 25, 513-518. 

Premarket clearance (clearance prior to marketing) may be required by the PDA in some instances but not in others. The prevailing legal principle in the EEDCA is the prohibition to the use of any poisonous or deleterious substance which may render... [the food] injurious to health... . 

In this chapter, we introduce basic legal principles and some of the legal concepts most relevant to the pharmaceutical physician. The central topics, touched upon here, are expanded upon elsewhere in this section. 

Product liability law, generally and as it pertains to pharmaceutical companies, is broadly based on legal principles involving contract law, the law of torts and the relevant statutory provisions of the country or jurisdiction where the action is brought (Jones, 1993). However, there are three fundamental legal principles under which a seller of a product can be liable for damages incurred from the use of that product strict liability, warranty and negligence. 

The defenses available to manufacturers in product liability actions vary, based on the respective common law or statutory provisions of jurisdiction in which the action is filed. However, certain legal principles commonly constitute a full or partial defense to product liability actions. 

This paper traces some of the relevant statutory and regulatory history in the field of health and safety. It discusses legal principles involved in use of safety/risk assessment under current Federal statutes. 

Law issues from the will of legislators, and binds those who fall within its scope, either by knowingly consenting to be bound by it or else by acting in ways which imply their implicit acceptance of the rules of society. Morality, if it is objective, has a foundation independent of the human will and has a logically different kind of force upon us. What has been willed (i.e. a legal principle) can be opposed and revoked what is the objective moral case, apart from human attitudes to it, remains such, however much as one or all may wish it were not so. 

A. Explains the social philosphy and legal principles which comprise the common law—to help the manufacturer better understand the emotional climate in which his actions may be evaluated ... 

Finally, there is the so-called market-share theory , a controversial and, according to the dissenting opinion in Sindell v. Abbott Laboratories, an unwarranted extension of traditional tort doctrine, in part because the plaintiff was not required to prove that any defendant caused or even probably caused the plaintiffs injuries. The case is discussed here at length because it vividly illustrates how a court will develop new legal principles in order to provide relief to a severely injured plaintiff who is unable to collect for injuries because traditional theories or legal procedures do not precisely fit the plaintiffs situation. 

Product liability law is broadly based upon legal principles involving contract law, the Law of Torts, and the relevant statutory provisions of the country or jurisdiction where the action is brought (Jones,... 

However, in general terms, there are three legal principles under which a seller of a product can be liable for damage incurred from the use of that product strict liability, warranty, and negligence. 

---