Meaning of current law
What is current law:
Current law is called the right established by the legislative power, which is in force in a given territory and time, whose compliance is mandatory.
The current right cannot be substituted or canceled while it is in force. But it does oppose the right that was in force at some point and later expired or was repealed.
Current law and positive law
Positive law is understood to be the set of laws that have been drawn up over the years during the different political, economic or social moments of a country and that do not have a validity period. The function of positive law is to generate common welfare.
That is, positive law is valid both in the present and in the future, just as it had in the past. Hence, it differs from current law, which has a certain period of durability and application.
Characteristics of current law
It is important to know how to differentiate current law from other types of law, especially positive law, with which it is customary to confuse. Therefore, its main characteristics should be highlighted.
- Current law is mainly characterized by the time factor, that is, its validity that limits it in execution and action.
- Not all current law can be considered positive, just as not all positive law is current.
- The validity of the current law will depend on the set of requirements that must be met, which are established by the regulations that govern it.
- The current law is recognized by the State since it is created and founded through the different bodies that comprise it.
- Current law allows the legal order through customary laws, that is, traditional laws or regulations, imposed by the legal order of a nation.
Examples of current law
Some of the examples of current law that can be named are the regulations that contain the penal code, the civil code, labor, mining and agricultural regulations, among others.
These regulations are part of the current law because their structure, composition and environment must be adjusted to the advances and social, political, economic and cultural changes that accompany the legislative terms of a nation over the years.