Law
Law
The term 'Law' has been derived from "an old Teutonic root 'lag' " which means something which lies fixed or evenly ". Law regulates life and without law there is chaos of confusion. The term law is used to denote that which is uniform. Laws are of two kinds:physical and human. Those laws which regulate nature are known as physical laws. Those laws which regulate human life are known as human laws. In Political Science we use the term law to mean a body of rules to guide human actions.Definition of Law
1-According to Salmond,"Law is a collection of the rules which the State recognises and applies in the admiration of justice."2-According to Austin,"Law is the command of the sovereign."
3-In the opinion of Holland,"A law is a general rule of external human actions enforced by a sovereign political authority."
4-According to Krabbe,"Law is the expression of the judgment of value which we human beings make by virtue of our disposition and nature."
Classification of Laws
1-Private Laws2-Public Laws
3-Constitutional Laws
4-Statute Laws
5-Ordinances
6-Common Laws
7-Administrative Laws
8-International Laws
1-Private Laws -Private laws determine the relation of citizens to one another. They regulate the relations among individuals. In Private Law ", says Holland, "the parties concerned are private individuals above and between whom stands the state as an impartial arbiter."
2-Public Law-Public laws are the laws that determine the relation of citizens to the state. Distinguishing Public Law from Private Law Holland says,"In public law also the state is present as an arbiter,although it is at the same time one of the the parties interested.
3-Constitutional Laws-Constitutional Laws are all those "rules which directly or indirectly affect the distribution or the exercise of power in the state ",and which are "enforced by the courts ". Constitutional Laws are the basic laws according to which the government in a state conducts itself. In short, the laws that define,interpret and regulate the functions of the government are known as constitutional laws.
4-Statute Laws-The laws which are framed by the Legislative Assembly or by the Parliament are known as Statute Laws. These days Democratic Government is popular in most of the countries and most of the laws are framed there by the Parliaments in those countries.
5-Ordinances-Ordinances are the orders issued by the executive branch of the government within the powers prescribed to them by the law of the state. In other words, the President issues the orders, in the absence of Parliament,in order to face the emergency.
6-Common Laws-Common Laws are those laws which rest on customs but are enforced by the law courts like statutes law. Common laws are quite popular in England.
7-Administrative Laws-According to Dicey, administrative law interpret the office and responsibilities of government servants. Administrative laws enable the public officers to separate law and procedures from private individuals. These not popular in England,U.S.A and India.They are popular in France and a few government servant, the citizens goes to the Administrative Courts.
8-International Laws-International laws are the rules which determine the conduct of the general
body of civilized state in their dealings with each other. International laws stand for the body of the rules which regulate the relations between state . These laws are not framed by any sovereign law making authority not there any sovereign authority to enforce these laws. But these laws are backed by International Public Opinion. These laws are meant for regulating the conduct of various states in the world.
i like it your side is very help ful for me plz keep sharing.Whatsapp Fake ConversationsThanks for sharing informative article.
ReplyDelete