CS Executive · Jurisprudence, Interpretation and General Laws · Sources of Law
A trade association's members adopt a model code of conduct by mutual consent, which each member signs. Which feature distinguishes this code from legislation?
The code binds because members consented to it, not because a sovereign legislature enacted it. Legislation applies generally with State authority, whereas an agreed code operates only among those who adopted it and cannot be enforced against non-members.
- AIt derives binding force from the consent of those who adopt it, not from sovereign enactmentCorrect
- BIt is enforceable against non-members by the State
- CIt must be published in the Gazette to be valid
- DIt can be enforced only by the Supreme Court
Explanation
Such a code is conventional law: its force comes from the members' consent. Legislation draws authority from the sovereign legislature and binds generally. The code cannot bind non-members, and Gazette publication is not a requirement for its validity.
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