LL.B Part- I
Paper No. VI
WORLD LEGAL SYSTEMS
LISALS
The Institute of Law
WORLD LEGAL SYSTEMS
Contents
1. WHAT IS LEGAL SYSTEM? WHAT ARE DIFFERENT SOURCES OF LEGAL SYSTEM? .................. 1
2. GLOBAL LEGAL SYSTEM AND BUILDING BLOCKS ................................................................ 9
3. HISTORY OF LAW ........................................................................................................... 14
4. GLOBALIZATION VIS-À-VIS WORLD LEGAL SYSTEM. ......................................................... 19
5. LEGAL SYSTEM OF PAKISTAN .......................................................................................... 24
6. LAW MAKING PROCEDURE IN PAKISTAN ........................................................................ 26
7. JUDICIAL SYSTEM OF PAKISTAN ...................................................................................... 29
8. HISTORICAL DEVELOPMENT OF THE ROMAN LEGAL SYSTEM ........................................... 35
9. PRINCIPAL OF NATURAL JUSTICE .................................................................................... 41
10. CRIME AND PUNISHMENT IN THE ROMAN LEGAL SYSTEM .............................................. 46
11. CODE OF HAMMURABI................................................................................................... 50
12. CIVIL LAW/ CIVIL LEGAL SYSTEM ..................................................................................... 53
13. CORPUS JURIS CIVILIUS .................................................................................................. 56
14. COMMON LEGAL SYSTEM............................................................................................... 59
15. DIFFERENCE BETWEEN COMMON LAW & CIVIL LAW ....................................................... 64
16. JUDICIAL REVIEW ........................................................................................................... 66
17. DIFFERENT SCHOOL OF ISLAMIC LAW ............................................................................. 70
18. PRIMARY SOURCES OF ISLAMIC LAW .............................................................................. 73
19. THE PRESIDENT OF PAKISTAN ......................................................................................... 78
20. PARLIAMENT OF PAKISTAN ............................................................................................ 83
21. SUPREME COURT OF PAKISTAN ...................................................................................... 87
22. JURISDICTION OF HIGH COURT OF PAKISTAN .................................................................. 91
23. WHAT IS ALTERNATIVE DISPUTE RESOLUTION (ADR) ....................................................... 96
24. MODERN/ HYBRID LEGAL SYSTEM .................................................................................. 99
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WHAT IS LEGAL SYSTEM? WHAT ARE
DIFFERENT SOURCES OF LEGAL SYSTEM?
1. INTRODUCTION:
Sources of legal system are the origin of laws; whereby the laws came into
existence. The term “Sources of Legal system” has been used in different
senses and manners by various jurists. According to Sir John Salmond,
sources of law can b classified as either legal or historical.
“Law is the rudder of the ship of state.”
[A. O’Malley]
2. MEANINGS OF SOURCES:
• Sources of law means the “originator or the roots of law.”
• According to Merriam-Webster Dictionary, Sources of law mean
Something that provides authority for judicial decisions and legislation.
Source of law
⬇
Roots/ origin of law
3. DEFINITION OF LEGAL SYSTEM:
The legal system includes rules, procedures, and institutions by which public
initiatives and private endeavors can be carried out through legitimate means.
In other words, is a system for interpreting and enforcing the laws. It
elaborates the rights and responsibilities in a variety of ways.
4. DEFINITIONS OF SOURCES:
i. A process by which the rule of law may be evolved
(Vinogradoff)
ii.
Legal decisions and legal analysis
(Black's law)
iii.
Something that provides authority for legislation and precedents
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(M. Webster)
iv.
The name for a historical fact out of which the rules of conduct come into
existence and acquire legal force.
(Oppenheim)
v.
Agencies through which the rules of conduct acquire the character of law
by becoming definite, uniform, and compulsory
(C.K. Allen)
5. KINDS/CLASSIFICATION/TYPES SOURCES:
Sources of legal system can be classified into two major kinds:
i. Legal sources
Legal sources are those sources that are the instruments or organs of the
State by which legal rules are created, e.g., legislation and precedents.
ii. Non-Legal Sources:
Non-legal are the sources of law where common rules subsequently
turned into legal principles, these are usually unauthoritative and nonlegal such as Religion, Juristic writing, etc.
Their Details are Given as under:
i.
TYPES OF LEGAL SOURCES
There are five types of legal sources of law:
a) Constitutional law
b) Legislation
c) Precedents
d) Agreement
e) Global institutional development
a) Constitutional Law
1. Meanings:
According to Cambridge Dictionary, Constitutional Law means; the body
of political principles used to govern a state.
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2. Derivation:
The word Constitution is derived from a “Latin” word, “Constituere” which
means “a body of laws”.
3. Definitions:
The definitions of constitutional law are given as under:
i.
The supreme law of the land
[John Salmond]
ii.
The written instrument embodying the fundamental law, together
with any formal amendments.
[Black’s Law Dictionary]
4. Illustration:
Following are the illustration of Constitutional law:
➢ Constitution of Pakistan 1973
➢ Constitution of China 1982
➢ Constitution of Malaysia 1957
5. Case laws:
o Brown Vs. Board of Education (1954)
Discrimination is not allowed by the constitution.
o Panama Paper case:
Imran Khan Niazi Vs. Muhammad Nawaz Sharif
PLD 2017 SC 692
Supremacy of the constitution; no man, no king, no government above
the Constitution.
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b) Legislation
1. Meanings:
According to the Oxford Dictionary legislation means; the process of
making or enacting laws.
2. Derivation:
The term legislation has been derived from two Latin words;
The first one is “Legis” which means “law” and the other one is “Latum”
which means “to make.” Combined, the legislation means; “to make law.”
3. Definitions:
i. The preparing and enacting of laws by local, state, or national legislatures.
[Britannica]
ii.
The process of making or enacting a positive law in a written form.
[Black’s Law Dictionary]
iii.
The making of law by some authority in the body politic which is
recognized as adequate for that purpose.
[Salmond]
iv.
The law-making process by a legislative authority is called legislation.
4. Types of legislation:
There are two main types of legislation:
• Supreme legislation; law-making by sovereign itself.
• Sub-ordinate legislation: law-making by an authority other than the
sovereign.
c) Precedents
1. Meanings:
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According to Oxford’s Dictionary, precedent means;
a previous case or legal decision that may be or must be followed in
subsequent similar cases.
Simply precedents mean “Judge made laws”.
2. Definitions:
The definitions of precedents are given as under:
i.
A judicial decision that contains in itself a principle.
[Sir John Salmond]
ii.
An action or official decision that can be used as support for later actions
and decisions.
[Black’s Law Dictionary]
iii.
A judgment or decision of a court that is cited in a subsequent dispute as an
example or analogy to justify deciding a similar case or point of law in the
same manner.
[Britannica]
3. Types:
The types of precedents are:
•
•
•
•
•
•
•
Conditional Precedents
Persuasive Precedents
Binding Precedent
Declaratory Precedent
Original Precedent
Precedents Sub Silentio
Super Precedent
4. Parts of Precedents:
There are two parts of precedents:
➢ Ratio Decidendi; Rationality or reason behind the decision.
➢ Obiter Dicta; Remarks of judges which are not the part of the case.
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d) Agreements And Conventions
According to Sir John Salmond, agreements and conventions are the sources
of conventional and contract laws.
1. Illustration:
In Pakistan, the illustration of Agreements and conventions as sources or law
is Contract Act 1872.
2. Case law:
Balfour Vs. Balfour (1939)
This case law is the foundation of conventional law.
e) Global Institutions Development
Another important source of law is Global Development in the international
community as it deals with transnational problems.
International conventions and institutions have become a ground for
legislation. These institutions are:
•
•
•
•
ii.
WTO (World Trade Organization)
UNO (United Nations Organization)
WB (World Bank)
IMF (International Monetary Fund)
TYPES OF NON-LEGAL SOURCES
There are three major non-legal sources:
A. Customs
B. Religion
C. Juristic Writings
A. CUSTOMS
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1. Meanings:
According to Oxford’s Dictionary Custom means; a traditional and widely
accepted way of behaving or doing something specific to a particular
society, place, or time.
2. Derivation:
The word custom is derived from a French word, “Coustume” which
means “Common way of doing things.”
3. Definitions:
The definitions of customs are given as under:
i.
General rules and practices that have become the law through unvarying
habit and common use.
[Black’s Law Dictionary]
ii.
Custom is the embodiment of those principles which have commended
themselves to the national conscience as principles of justice.
[John Salmond]
iii.
The uniformity of conduct of all persons under like circumstances.
[Carter]
iv.
A custom is a particular rule which has existed either actually or
presumptively from time immemorial and has obtained the force of law.
[Halsbury]
4. Types of Custom:
The types of customs are given as under:
• Legal Custom
• Conventional Custom
• Local Custom
• General Custom
• Binding Custom
• Non-Binding Custom
5. Case Law:
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Raja Verma Vs. Ravi Verma
B. RELIGION
According to Oxford’s Dictionary, religion means; the belief in and
worship of superhuman controlling power.
Law and religion are the regulators of social relations and Religion is,
therefore, an important source of law.
1. Illustration:
Islamic Law (For Muslims)
Hindu Law (For Hindus)
2. Case Laws:
➢ R. Vs. University of Cambridge
➢ Cowan Vs. Melbourne 1917
C. JURISTIC WRITINGS
Juristic writings are the opinions or reviews of lawyers, law-makers, jurists,
and judges which help in the enactment or making of law.
“Good juristic writing is clear legal thinking made visible.”
[Bill Wheeler]
6. CONCLUSION
Consequently, we can say that sources of law are the origin of laws; whereby the
laws came into existence. The term “Sources of Law” has been used in different
senses and manners by various jurists. According to Sir John Salmond, sources
of law can be classified as either legal or non-legal.
“A bad law is no law.”
[C. Clare]
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GLOBAL LEGAL SYSTEM AND BUILDING
BLOCKS
1. INTRODUCTION:
A legal system is a procedure or process of interpreting and enforcing the law.
There is five major legal systems in the world. The global legal system of laws
provprovides solutions to trantransnationalblems. There are five main
building blocks of globateegal system.
"Law and order exist to establish justice"
Martin Luther king
2. INTERPRETATION OF TERM:
The global Legal system literally means the worldwide system of laws
Global
Worldwide
Legal
System
law
System
A worldwide system of law
3. DEFINITIONS:
i. Cambridge Dictionary:
The global Legal system is a system of laws courts and other
institutions that provide a legal solution to transnational problems.
ii. General Definition:
The system of laws and the way they work in the Trans-National system
are called the global Legal system.
4. WHAT IS GLOBALIZATION?:
Globalization is the spread of products, technology, information, and jobs
across national borders and cultures.
In Legal Terms,
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The degree to which the whole world lives under a single set of legal rules.
Such a single set of rules might be imposed by an international body, adopted
by global consensus, or arrived at by parallel development in all parts of the
globe.
5. TYPES OF LEGAL SYSTEM:
There are five major types of the legal system
I.
Common legal system
II.
Civil legal system
III.
Customary legal system
IV.
Religious legal system
V.
Hybrid Legal system
6. BUILDING BLOCKS OF THE LEGAL SYSTEM:
There are five major building blocks of the global Legal system given by Sir
Hugo Grotius the father of international law.
I.
Rule of law
Rule of law is the major characteristic of all the legal systems in the world.
Therefore it is the most basic building block of the global legal system. This
doctrine was given by a.v dicey which consists of three fundamental
principles
a) Supremacy of law
b) Equality of law
c) Respect to judicial precedent
“The rule of law is the jewel of great values”
Dikeman
II.
Separation of power
The doctrine of separation of power tells us that all the three organs of
government (legislature, executive, and judiciary) are independent of each
other, and power is divided between three organs but there is a system of
check and balance. Among the,m this concept was firstly given
bMontesquieueu in 1748.
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Judiciary
Government
Legislature
III.
Executive––
Judicial review
Judicial review is the process whereby an apex court interprets Allah and
determines its constitutional state if the legislation by a legislature authority
is against the constitution so the courts can take judicial review and can
declare it null and void or erroneous
The purpose of judicial review is given as under;
• To keep legislature and executive within their limits.
• To keep the state government within its sphere of power.
IV.
Human rights
Human rights are the rights that are given to the human form then nature
and cthe onstitution
The right of an individual must not be infringed.
Theseise the rights wthatare recognized by UDHR.
Right is a legally morally or naturally protected interest
Ubi Jus Ibi Remedium
(Latin phrase)
Where there is a wrong there is a remedy
V.
Good governance.
Good governance at all levels is fundamental to economic growthand
political stability and a key factor for security and stability.
According to United Nations Good Governance is measured by the eight
factors andtheyr are given as under:
a) Participation
b) Rule of law
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c)
d)
e)
f)
g)
h)
Transparency
Responsiveness
Consensus oriented
Equality and inclusiveness
Accountability
Effectiveness and efficiency
a) Participation requires that all groups, particularly those most vulnerable,
have direct or representative access to the systems of government. This
manifests as a strong civil society and citizens with the freedom of
association and expression.
b) Rule of Law is exemplified by impartial legal systems that protect the
human rights and civil liberties of all citizens, particularly minorities. This
is indicated by an independent judicial branch and a police force free from
corruption.
c) Transparency means that citizens understand and have access to the
means and manner in which decisions are made, especially if they are
directly affected by such decisions. This information must be provided in
an understandable and accessible format, typically translated through the
media.
d) Responsiveness simply involves that institutions respond to their
stakeholders within a reasonable time frame.
e) Consensus Oriented is demonstrated by an agenda that seeks to mediate
between the many different needs, perspectives, and expectations of a
diverse citizenry. Decisions need to be made in a manner that reflects a
deep understanding of the historical, cultural, and social context of the
community.
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f) Equity and Inclusiveness depend on ensuring that all the members of a
community feel included and empowered to improve or maintain their
wellbeing, especially those individuals and groups that are the most
vulnerable.
g) Accountability refers to institutions being ultimately accountable to the
people and one another. This includes government agencies, civil society,
and the private sector all being accountable to one another as well.
h) Effectiveness and Efficiency are developed through the sustainable use
of resources to meet the needs of society. Sustainability refers to both
ensuring social investments carry through and natural resources are
maintained for future generations.
7. CONCLUSION
Consequently, we can say that a legal system is a procedure or process of
interpreting and enforcing the law and a global Legal system is a system that
provides the solution to translational problemthroughin the lens of all
thesystems system thatexistst in the world
“Without the law, men are beast”
M. Anderson
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HISTORY OF LAW
1. INTRODUCTION
The history of law is the study of how the law has evolved. Law has developed
from time to time as at first there was no written law, there were customs
based on which the adjudication/justice was done. And afterward, the written
law evolved.
“Equality under the law is the slow triumph of hope over history.”
[Jim Cooper]
2. MEANINGS
• Law means a rule or set of rules.
• According to Merriam Webster’s Dictionary law means; a rule of conduct
or action prescribed, formally recognized as binding, and enforced by a
controlling authority.
3. DEFINITION
i. Law is the branch of knowledge that deals with the rules, regulations and
principles.
ii.
iii.
Law is the body of principles recognized and applied by the state in the
administration of Justice
(John Salmond)
Law is the command of the sovereign, given to the inferior, and backed by
sanctions.
(John Austin)
4. HISTORY OF LAW
The history of law is given as follows:
➢ Customs
➢ Code of Hammurabi (1760B.C)
➢ Solon's law (6th century B.C)
➢ Law of 12 tables
➢ Classical jurists
➢ Fall of the western roman empire (476 A.D)
➢ Justinian code: (529-534 A.D)
➢ First law university (1080 A.D)
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➢
➢
➢
➢
➢
Development of law universities: (1100-1500 A.D)
Roman law as subject (18th century)
National codification
Concept of precedents:(19th century)
Rule of law
Their details are given as under:
5. CUSTOMS
Customs, have a major role in the historical development of law. When there
was no codified law, the law existed in the form of Customs. It was very
difficult for a sovereign to have a fair administration of Justice in the absence
of written laws.
“Customs are more powerful than laws.”
[The Talmud]
6. CODE OF HAMMURABI (1760BC)
We see a Babylonian King of Mesopotamian civilization known as King
Hammurabi gave the written law, for the first time in the history of world is
called the Code of Hammurabi.
This code was in Conifer language and was written on the black stone slab.
It was a collection of 282 rules.
Key Notes:
➢ Hammurabi 1760 B.C
➢ First Written Law Named as code of Hammurabi
➢ Black Tile stone
“The first duty of government is to protect
the powerless from the powerful.”
[Hammurabi]
7. SOLON'S LAW (6TH CENTURY BC)
Solon was an Athenian politician, and lawmaker in the 6th century BC the
first legislative authority for formulated in Athens, Greece by The Solon’s
Law.
Seven wise men were appointed to make law as a legislative body of Greece.
Key Notes:
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➢ 6th century B.C (Atheists)
➢ Legislative authority
➢ Seven wise men
8. LAW OF 12 TABLES
The Twelve Tables was a set of laws inscribed on 12 bronze tablets created in
ancient Rome in 451 and 450 BC.
A commission of ten wise men was appointed to make the law of 12 tables.
The Laws of the Twelve Tables was the legislation that stood at the foundation
of Roman law.
It was the start of the legal history of Romans.
Key Notes:
➢ By legislative authority of Romans
➢ The legal history of Roman started
9. CLASSICAL JURISTS
The Roman Jurists from the 1st Century BC and the middle of the 3rd Century
AD are called classical jurists.
During the period of the classical jurists, Roman law achieved considerable
sophistication.
The writings of classical jurists had a very significant impact on the
development of Roman Law.
The classical jurists include; Ulpian, Gaius, and others.
10.FALL OF THE WESTERN ROMAN EMPIRE (476 AD)
In 476 AD the Western Roman Empire collapsed. Thereafter the political
order and the legal power was shifted to the Church, and the Church started
to run the Roman culture and started law making.
Key Notes:
➢ 476 A.D
➢ The legal power vested to the church
11.JUSTINIAN CODE: (529-534 AD)
Justinian code is a written document (collections of laws and legal
interpretations) given by the king of the Byzantine Empire, King Justinian I.
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Justinian code is also called, “Corpus Juris Civilis” (Body of Civil Law).
It is the foundation of civil law.
Key Notes:
➢ King Justinian 534A.D
➢ Civil law
➢ 2nd formal codification
➢ Justinian code
12.FIRST UNIVERSITY OF LAW (1080 A.D)
In 1088 AD the first university of law was established in Europe. Where the
Common Law and Civil Law (Justinian Code) were studied
Key Notes:
➢ 1088 A.D
➢ Europe
13.DEVELOPMENT OF LAW UNIVERSITIES: (1100-1500 AD)
From 1100-to 1500 AD law universities developed all over Europe and people
started to study law with interest and deep motivation.
Key Notes:
➢ 1100-1500 AD
➢ Canon and civil law as Syllabus
14.ROMAN LAW AS SUBJECT (18TH CENTURY)
At first, the Roman Law was not part of the syllabus of law universities,
therefore, it was not studied. In the 18th century, it was made part of the
syllabus of Law universities and law students started the study Roman Law.
15.NATIONAL CODIFICATION
At first all over the world laws were mostly similar, and at the end of the 18th
century, all the nations/states started to make their laws, hence the national
codification started. Now every nation has its distinct law.
“The standard of morals is as variable as morals themselves; of which every
nation has different code, and every custom a different reading.”
[Norm MacDonald]
Key Notes:
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➢ 18th century
➢ Separate law for a separate Nation
16.CONCEPT OF PRECEDENTS:(19TH CENTURY)
In the 19th century, the concept of precedents was given. The precedents are
an important legal source of law. These are the judge-made laws.
“Precedents once established are so much positive power.”
[James Madison]
17.RULE OF LAW
Rule of law is the modern term for the empowerment of laws, that all citizens
and institutions within a country, state, or community are accountable to the
same laws.
This doctrine was given by A.V Dicey and is based on three basic principles:
o Equality Before the Law
o Supremacy of Law
o Respect to Judicial Precedents
“Rule of Law is the live-wire of every successive democratic society.”
[K. Usender]
Key Notes:
➢ Modern concept
➢ Equality of law
➢ Supremacy of law
➢ Respect for judicial precedents
18.CONCLUSION
Consequently, we can say that the history of law is the study of how the law
has evolved. Law has developed from time to time, at first there was no written
law, there were customs based on which the adjudication/justice was done.
And afterward, the written law, precedents, and then rule of law were evolved.
“When you obey the law, the law obeys you”
[A. Yeboah]
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GLOBALIZATION VIS-À-VIS WORLD
LEGAL SYSTEM.
1. INTRODUCTION:
The world has been shrunk down into a global village. In present age issue of a
certain area does not remain confined to that particular area. Due to globalization
the issue of the world and method of highlighting have been changed. Similarly
the legal system of the world also has been varied. The globalization has the
great significance in the legal systems of the world. There are many points of
difference which occurred in global legal system due to globalization.
2. DEFINITIONS:
(a) “The state of being globalized, especially the development of an
increasingly integrated global economy make especially by free trade, free
flow of capital, and the tapping of cheaper foreign labor markets.”
(b) “Globalization is a phenomenon which talks about universal process
which is beyond geographical, economical, social, cultural, and religious
boundaries.”
(c) “A universal process to ensure the vision of global village is called
globalization.”
3. FEATURES OF GLOBAIZATION:
We are discussing features of globalization under the line.
(a) Access to have any product from Abroad
In the modern world the world has shrunk down in a global village. Many trades,
enterprises, business and mega-corporation are converting into online system.
We can buy product easily in every country. Many companies helpful for the
trades, this is the best example of Amazon, Ali BABA etc.
(b) The world has shrunk down in a global village
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Every business has been shrunk down in a global village. People enjoy their lives
and run business on international level. Any individual easily access to run
business on international level.
(c) Easy transfer for Capital
We can easily transfer capital through bank. On international level banking
system has positive role for connecting the business, and circular money between
many countries. In this rupees value increase day by day. World Bank controls
all the banking system.
(d) Free trade
Every country does many treaties with other countries, and buys many needs of
things. In this agreement many countries give benefits to the other countries. It
is the best example of free trade.
(e) Privatelization
Many people run business on international level and make private companies
and many treaties with foreign people. They use import, export license and run
trade from one country to another country. Two private parties do signature on
Performa invoice and confirm the order. In Pakistan many institutes are giving
license to individuals, like Chamber of Commerce, PMEx and SECP.
(f) Economic Reforms
Economic reforms means relation to economy. In economic reforms countries
that are open to international, grow faster, improve productivity. Any successful
plan for international trade has to start with high quality and unique product.
(g) Application of International Law
International law is same for every country. If any country violates the
agreement, then other goes to international court of justice and talks about rights.
If any country violates the treaties than other country does not make agreement
with this country.
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4. FEATUES OF GLOBAL LEGAL SYSTEM:
Features of global legal system are as under.
(a) Applicable on globe
Global legal system is applicable on all over the world. All countries follow rules
and regulations. If any country violates the rules and regulations or agreement,
treaties, then other country can boycott this country, and that country cannot trade
with other countries. Every country bound to follow international rules and
regulations.
(b) Promotion of international law
Among the greatest of achievement the United Nations, international law is very
useful. This is central to promoting economic and social development as well as
advancing international peace and security.
(c) Promotion of Judicial Institution
On international level we need to promote judicial institutions. All over the world
people learnt the international law and the rules and regulations. Many people
involve in the money laundering and smuggling etc. This is the big fault on
international level. We need a judicial institution to give awareness to people
about international law.
(d) Control by International court of justice
International court of justice handles the cases all over the world. All countries
follow this court and believe on international of justice. International court of
justice freely connects one country to another.
5. COMPARITIVE ANALYSIS:
(a) Promotion of brotherhood among countries
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Globalization and global legal system promote brotherhood among countries.
They make peaceful environment with each other, and countries do free trade
with each other.
(b) Rapid Growth of Multinational Companies
Globalization and global legal system is very useful for all countries.
Multinational companies are fast growing with respect to other to companies.
Global legal system is the phobia for every country. Companies cannot cross their
limits.
(c) Promotion of treaties
Treaties are the basic compulsion of whole world. Any country cannot live alone
they need to do treaties with other countries. Globalization and global legal
system are very helpful in the world.
(d) Complication of Law
Law is very complicate on international level. If any country violates rules and
regulations, then law cannot live silent and take action against company. All the
countries can do total boycott of that country.
(e) Action of International court of justice:
International court of justice can take instant action on countries that violate.
International court of justice deals many types of law on international level like,
law of sea, economic law, diplomatic law, environmental law, human rights law,
treaties law, etc.
6. CONCLUSION:
To conclude I can say that Globalization is a word use to describe the economic,
culture, population, and cross-border trade. Globalization connects one country
to another country. Globalization and global legal system are very close to each
other. We cannot grow on international level without both. They can protect our
trade, religion, economy, etc. The concept of globalization and global legal
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system is not new. The history of globalization is “earliest human migratory
routes” and in this question we discussed features and comparative analysis with
each other.
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LEGAL SYSTEM OF PAKISTAN
1. INTRODUCTION:
Every state has its own legal system. This legal system is based on norms,
customs and traditions of the country. Pakistan is an Islamic country. The
color of Islamic norms and customs is commonly used as constitutionally
development came into existence after a long period of evolution. Constitution
of 1973 is being practiced and applied in Pakistan. The constitution presents
the true shape of ideology customs, liberty laws and regulation.
2. HISTORICAL DEVELOPMENT OF LEGAL SYSTEM IN
PAKISTAN:
The history of Pakistan is not new. Pakistan came into existence 14 august
1947. Before the existence of Pakistan it was British rule in subcontinent. 12
March 1949 Pakistan objective resolution was passed. The first constitution
of Pakistan passed in 1956, which was made for the betterment of Pakistan.
The second constitution of Pakistan was made the most advance able
constitution of that time. After sometime the constitution changes again in
1973. It was the latest constitution of Pakistan.
3. DERIVE FROM BRITISH LEGAL SYSTEM:
Legal system of Pakistan derived from British legal system because before the
existence of Pakistan there was British rule in subcontinent. There were so
many customs and norms which are also derive from British.
4. BASED ON ISLAMIC VALUES:
Pakistan is based on Islam. Pakistan is true Islamic country. The ideology of
Pakistan is Islam. Pakistan is only one country that came into existence in the
name of religion. The constitution of Pakistan is also based on Islam. Norms,
customs, traditions and values of Pakistan are true Islamic.
5. INCLUSION OF CUSTOMS AND VALUES OF SUB-CONTINENT:
The customs, values, norms and tradition were different from each other,
because the people of subcontinent were multi cultural country. Hindus
promotes Hinduism and Muslims promotes Islam. These two nations had
different everything.
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6. CONSTITUTION OF PAKISTAN 1956:
Pakistan came into existence on 14 august 1947. The first constitution of
Pakistan came into existence in 1956. This constitution was made for the
betterment and development of Pakistan.
7. CONSTITUTION OF PAKISTAN 1962:
The second constitution of Pakistan came into existence 1962. With the
passage of time Pakistan went to develop their constitution and country.
8. CONSTITUTION OF PAKISTAN 1973:
The latest constitution of Pakistan is 1973. After so many challenges and
major needs Pakistan had to choose the constitution. The main purpose of this
constitution was to develop the country and run the country according to the
world.
9. LATEST AMENDMENTS IN CONSTITUTION OF PAKISTAN 1973:
Up till now 26 amendments have been made in constitution. These
amendments are the land mark efforts by legislatures to meet challenges of
the age. Although the process of amendment is not simple, although it has
been made for the requirement of changes.
10.CONCLUSION:
Consequently we can say that, Every state has its own legal system. This legal
system is based on norms, customs and traditions of the country. Pakistan is
an Islamic country. The color of Islamic norms and customs is commonly used
as constitutionally development came into existence after a long period of
evolution. Constitution of 1973 is being practiced and applied in Pakistan. The
constitution presents the true shape of ideology customs, liberty laws and
regulation.
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LAW MAKING PROCEDURE IN PAKISTAN
1. INTRODUCTION
The Lawmaking process or procedure is called legislation therefore legislation
in Pakistan is the fundamental responsibility of majlis-e-shura i.e.., Parliament.
legislation is iinitiatedbythe introduction of a bill in either House E forxcept the
financial bill.
"Legislation must follow and conform to the program of society"
Abraham Lincoln
2. CONNOTATION OF BILL:
I. Meanings
A bill is a legislative statement which becomes an act of Parliament if passed
by the two houses and is is Duly assented by the president.
II.
Type Of Bill
There are four types of Bill;
a) Government Or Official Bill
It is introduced by a Minister and passed by a simple majority
b) Private Member's Bill
It is introduced by any member of Parliament and passed by a simple
majority
c) Constitution Amendment Bill
A bill regarding the constitutional amendment is to be passed by 2/3rd
majority of both houses
d) Financial Bill
it can only be passed by the national assembly
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3. LEGISLATIVE PROCEDURE
Legislative procedure in Pakistan to form a bill is given as under
I.
Proposal Of A Bill
Bill is firstly proposed before any house of the Parliament by any member of
parliament.
II.
First Reading
The first reading of the bill is done by all of membersmbethe r of house in
which it's presented.
III.
Second Reading
After the first reading, the person who had proposed the bill read the bill
loudly in front of all the housemembersr.
IV.
Discussion On Bill
After the second leading discussion is done all over the house in the
discretion stage the pro and cons of Bill are discussed.
V.
Committee Stage
The bill is sent to the relevant committee and the commitcommentedment
either to take the bill for consideration as a hall with sthe ame amendments
for May main iinsthe tructfor some additions in the bill.
VI.
Third Reading
After the committee stage, there is the third reading on the bill and it's also
known as the final reading.
VII.
Voting
After that third reading walking is done and if there is a simple majority in
thfavorur of Bill then it's forwardto two othhousesuse.
VIII.
2nd House
After the Bill is passed by the one ho,use it is sent to the other house and all
proceduresare dure taken and adopted in the first house to pass the bill in
similarly adopted in the second hou except the committee stage.
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IX.
President
When the bill is passed by the first and second house both houses it is sent to
the office of the president for the fiascentsent.
4. CONCLUSION
Consequently! We Can say That The Lawmaking process or procedure is called
legislation therefore legislation in Pakistan is the fundamental responsibility of
majlis-e-shura i.e.., Parliament. legislation is iinitiatedbythe introduction of a
bill in either House E forxcept the financial bill
“Legislation is the art of compromise”
Harry Reid
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JUDICIAL SYSTEM OF PAKISTAN
1. INTRODUCTION
Law and order are essential components of every civilized society and every
developed state States’ progress is areso based on ittheirudicial system but
unfortunately, a little system of Pakistan is highly fractured andseveraler
offlawss that need to be corrected.
"The Courts Is The Bureaucracy Of The Law"
M. Foucault
2. MEANINGS
The judicial system is the system of law courts that administer justice and
constitutes the judicial branch of government.
3. ORIGIN OF PAKISTANI LAW
the origin of Pakistani law is based upon the legal system of all British Indian
common law of England and the Islamic principlesof Quran and sunnah in the
tribal areas a system of law employing traditional practices is in forcethe at
local level.
4. JUDICIAL SYSTEM OF PAKISTAN
the judiciary of Pakistan is a hierarchical system with 2 classes of courts
I.
II.
The superior judiciary
The subordinate judiciary
Their Detail Is Given As Under;
I.
Superior Judiciary
The Superior Judiciary Is Composed Of Constitutional Court i.e.
•
•
•
•
Supreme court of Pakistan
A federal court of Pakistan
Federal Sharia Court
Five High Court
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II.
Subordinate Courts
The subordinate courts in Pakistan are the stronger* or lower courts and are
District and sessions courts
a)
b)
c)
d)
e)
Civil courts
Special courts and tribunals
Magisterial court
Family court
Juvenile court
5. SUPREME COURT OF PAKISTAN
Apex and the highest judicial forum of Pakistan is the supreme court of
Pakistan it was established in 1956 article 176-191 of the Constitution of
Pakistan deals with the supreme court
I.
Composition (Article-176)
It is composed of a chief justice and 16 others justice and adhAdhocdges
II.
Appointment (U/A 177)
The Chief justice and other justice of Pakistan are appointed by the President
of Pakistan.
III.
Qualification (U/A177{2})
The qualification of judges of the supreme court are given as under;
IV.
❖ Citizen of Pakistan
❖ High Court judge for 5 year
❖ Advocate High Court for 15 years
Oath (U/A 178)
The oath of judges of the supreme court is taken by the President of Pakistan
V.
Retiring Age (U/A 179)
The age of retirement for judges is 65 years.
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VI.
Powers
Powers of Supreme Court *** as under
❖ Original powers (U/A 184)
❖ Appellate power (U/A 185)
❖ Advisory power (U/A186)
❖ Suo-mototo action
❖ Revision
❖ Judicial review
6. HIGH COURTS
High courts are the highest forms of the judiciary at the provincial level there a
are of totacourtsigh Court in Pakitan .
o
o
o
o
o
Islamabad High Court
Lahore High Court (Punjab)
Peshawar High Court (Kpk)
Karachi High courts (Sindh)
Quetta High Court (Balochistan)
Article 192-203 of the Constitution of Pakistan deals with the high courts
I.
Composition (U/A192)
A high court is composed of one chief justice and a number of other justice.
II.
Appointment (U/A193-1)
The appointment of judges of the high court is done by the president of
Pakistan.
III.
Qualification (U/A193-2)
The qualification for the justice of the high cois are;
IV.
❖ Must be a citizen of paPakistan45 yeyearsf age
❖ 10-yearar practice ithe n high court
Oath (U/A 194)
As the appointment of judges of the high court is donethe by president
therefore the oath is also taken by the president
V.
Retirement (U/A195)
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The retirement age of a high court justice is 62 years
VI.
Powers
The powers of the high court are given as under:
❖ Original power u/a 199
❖ Appellate power u/a 200
❖ Supervision u/a 203
7. FEDERAL SHARIAH COURT
Article 203 A To G Of The Constitution Deals With The Federal Shariah Court
I.
Composition (U/A203-C-2)
The Federal Sharia Court is composed of Muslim judges and (including) the
chief justice
II.
Qualification (U/A203-c-33)
a) chief justice ; ( U/A203-c-3)
Shell be a person who is qualified for the judge of the Supreme Court
b) Judges
(Article 203-C-3-A) Not More Than 4, Who Are Qualified As The
Judge Of The High Court
III.
c) Ulama (U/A203-c-3-A)
Not More Than 3 Having 15 Year Of Experience In Islamic Law
Research Or Institution
Tenure (U/A 203-C-4)
Tenure Of Chief Justice And Other Judges Is 3 Years (May Extend By
President)
8. CIVIL COURTS
There are the courts of the first instance of civil matters it is composeda of
senior civil judge and may judgesudgesm. There are three classethe s of civil
judge is based on specially** jurisdiction
• First class unlimited
• Second class 50 lac
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• Third class 10 lac
9. DISTRICT AND SESSION
There is one district and session court in one City district judge deals with civil
matters and the session judge deals with criminal matters it's both applied and a
trial court the district and session judge hear**executive and judicial power all
over the district under his jurisdiction.
10.SPECIAL TRIBUNAL AND BOARDS
There are numerous/special tribunals and Courts which deal with the special
matterss and some specialtribunalsl are given as under:
I.
II.
III.
IV.
V.
VI.
Banking codes
Anti-terrorism court
Federal service tribunal
Provincial service/tribunal
Consumer courts
Labour courts
11.FAMILY COURTS
West Pakistan family courts act 1964 was the jurisdiction of the family courts
these courts have exclusive jurisdiction over the matters relating to withtosonal
status every city town or tahsil has a court familylya udge in some areas civil
judges court have been granted the power of Family Court judges.
12.JUVENILE COURT
These are the courts that usually deal with the minor age criminals under 18
section for of the JJSO authorised the provincial government to establish one or
more juvenile courts for any local area within its jurisdiction and bye
consultation with the Chief Justice of High Court.
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13.CONCLUSION
The judicial system is the most expensive machine invented for
finding out what happens and what to do about it.
Lrving*r. Kaufman
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HISTORICAL DEVELOPMENT OF THE
ROMAN LEGAL SYSTEM
1. INTRODUCTION
Roman law is the legal system of ancient Rome and the legal development
which occurred before the 7th-century A.d when the RoByzantinetine empire
adopted Greek as the language of government that development of Roman law
comprises more than 1000 years of students fthe rom law of 12 tables to corpus
juris civilis.
“Rome was great in arms in government in law”
Goldwin Smith
2. ROMAN LEGAL DEVELOPMENT
I. Jus Civile Quiritum
It was the first law for the romainethe of Byzantine empire and it was only
applied to Roman citizens. the law was
❖ Bound to religion
❖ Undeveloped
❖ With attributes of strict formalism symbolism and conservativism.
II.
Religion
It is believed that Roman law is rooted in the Etruscan’s religion
emphasizing ritual.
3. LAW OF TWELVE TABLES
The Twelve tables (aka law of the twelve tables) was a set of laws inscribed on
12 bronze tablets created in ancient Rome in 451 and 450 BCE formerly
promulgated in 449 BC the tables consolidated earlier traditions intoand
enduring set of laws.
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4. TABLE-I
Table one comes to procthe edure for the courts and trials.
I.
II.
III.
IV.
If anyone is summoned before the court he must go otherwise take him
by force.
If he runs away let summoner lay hands on him.
If the illnessthe is entrance the summoners provider with his consent
When the litigants settle their case by compromise let the magistrate
announce it.
5. TABLE-II
It consists of a further trials process;
He was witness has failed to appear any summon him by loud calls before his
hours every third day.
6. TABLE-III
Table three deals with the debt*
I.
II.
One who has confessed a debtor against room jjudgmenthas been
pronounced shall have 30 days to pay it.
Against it foreigner the right is property shall be valid forever.
7. TABLE-IV
Table four deals with the rights of father's over the family
I.
II.
III.
A dreadfully deformed child shall be quickly killed.
If a father sells his son 3 times the son shall be free from his father.
A child born after 10th months since the father's death will not be
admitted into a legal inheritance.
8. TABLE-V
It deals with guardian laws female should remain in guardianship even when
they have attained their majority.
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9. TABLE-VI
Table 6 deals with the acquisition and possession of the property.
I.
II.
When one makes a bond and conveyance of property as he has madea
formal declaration so let it be binding.
Abhim that is built into our one may not take from its place.
10.TABLE-VII
Table 7 deals with the land rights
I.
II.
III.
Let’sLet keep the road in order if they have not paved it a man may drive
his team where he likes.
Should a tree on neighbours From be bebentcrocked by the wind and lean
over your farm. you may take legal action for rethe moval of that tree.
A man might gather up fruit that was falling on toontoher men's farm.
11.TABLE-VIII
Table 8 deals with the tort and laws of injury
I.
II.
III.
IV.
If one has broken a born of a freeman let him pthe enalty of 300 coins
and if he has broken a born of a slave let him pay the penalty of 150
coins.
If one is guilty of insult the penalty shall be 25 coins.
If one is slain while committing tap by night he is right slain.
No person shell hold meetings by night in the City.
12.TABLE-IX
the table 9 is the public law
I. The penalty shall be capital for an adjudicator if he is guilty of receivia
ng bribe for giving a decision.
II. Shibu shall have roused* a public enemy must suffer capital punishment.
III. Putting to death of any man who’s ever might be unconvicted is
forbidden.
13.TABLE-X
Table time deals with the sacred law.
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No one is to bury* or burn a corps in the City.
The woman will not tear their face or well on the account of the funeral.
14.TABLE-XI & TABLE-XII
Tables 11 and 12supplementst one and two respectively.
15.HISTORY OF 12 TABLE
The 12 table is the earliest attempt by the Roman to create a code of law
I.
Class struggle
In the struggle for legal and social protection and civil rights between
tprivilegedege class (patrician) and the common people (plebeians) a
commission of 10 were was appointed to draw up a code on behalf of botf
the parties
II.
Importance
The last 12 tables were ancient legislation that stood at fothe undation of
Roman law.
The love 12 table form counter piece* of the Constitution of the Roman
Republic.
16.EARLY LAW AND JURISPRUDENCE
I. Lex canuleia 455BC
It was A law of the Roman Repubpassedpast in the year 445 BC restoring
the right oconnubialum (marriage) between patricians and plebeians.
II.
Leges license sextiae 367Bc
This series of laws was proposed byplanss which make the section of public
lands.
III.
Lex ogulnia 300Bc
The leans received access to priest posts.
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IV.
Lex hortensia 287 Bc
The verdict of all plebeians assembly now binding on all.
V.
Lex Aquila 286Bc
It is regarded as the root of modern fort law.
VI.
Flavius 300Bc
Flavius is said to have published around the year 300 BC the formularies
containing the words which had to be spoken in court to begin legal action.
VII.
Famous jurists
Famous of the republican peris are
a) Quintus macius Scaevola 159Bc- 88Bc
He wrote a voluminous treatisen all aspects of the Law
b) Serviue sulpicius rufus (106Bc- 43Bc).
He was a friend of Marcus Tullius cicero*, who wrote 10 Treaties on lathe
w.
17.PRE CLASSICAL PERIODS
In the Periods between about 201 to 27 Bc, we Can see the development of
more flexible laws to match the needs of the time.
I.
Jus Honorarium
It was a distinction between private law and public law.
II.
Jus Gentium
It is a concept of international law within the Ancient Roman Legal system
and western law traditions.
18.CLASSICAL ROMAN LAW
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The Classical Roman Law period iareAlso known as the period of Classical
jurists, like Gaius, uUlpian and others. IIsBetween 1 century Bc and the middle
of thithird-centuryy ad Roman law achieved considerable sophistication.
The writingJurisuris had a very significant impact on the development of
Roman law.
19.POSTCLASSICALICAL ERA
In the middle by the of third century the conditions fflourishingrishing of a
refined legal culture had becomfavorableourable the general political system
deteriorated as the emperor assumed more direct control of all aspects of
political life.
The political system of the principals, which had retained some features of the
republican constitutbeginsegin to transform itself the into absolute
monarchdominant dominate.
InComplete
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PRINCIPAL OF NATURAL JUSTICE
1. INTRODUCTION
The principle of natural justice occupies a unique place in every legal system
they pprovideasandards of justice and protprotectinst orbitarbitrarycise of
power by ensuring fair play natural justice is also a characteristic of rule of law.
“The purpose of All law is justice”
F.R Von Weiss
2. MEANINGS
National justice is a minimum standard of fair play and provides safeguards to
the subjects against their judicial authority.
3. DEFINITIONS
The definitions of natural justice are given as under;
I.
II.
III.
The term natural justice Express is the close relationship between
common law and moral principles describing what is right and what is
wrong.
S.A. Smith
Fair and proper administration of law.
Blacks Law Dictionary
Natural justice is a natural science of what is right and what is wrong.
4. ORIGIN
It is believed that the origin of natural justice come from the concept of natural law
durthe ing Greek period.
It is the drbyfrom Rothe matermms Jus-Natural which means Natural Law.
Later on, Englishtouristst adopted these principles.
5. CASE LAWS
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I.
Swadeshi Cotton Mills Versus Union Of India Year 1981 Section 818
Natural justice is the simple justice and clementrelementarytinct from justice
that is complex sophisticated and Technical.
II.
University Of Dhaka Versus Zakir Ahmed 1965
Principles of natural justice shall be appliedton allproceedingsg whether
judicial or administrative.
6. NATURAL JUSTICE AND STATUE
Principle of natural justice an an on important elementary very statu statuteV/S
Baldwin 1964
Principles of natural justice is taken on part of every statute unless the
Parliament may take it by statute.
7. RATIONAL BEHIND NATURAL JUSTICE
Men throughout history remain selfish. mighty, dictated the weaker, even
judges biased in the favor of government against the citizen.
Usif Patel v/s the crown 1955
8. PRINCIPLE OF NATIONAL JUSTICE
The following are those principles;
I.
Nemo Judex Causa Sua
No one should be a judge in his cause.
II.
Audi Alterm Partem
No one should be a condom unheard.
9. NEMO JUDEX CAUSA SUA
No one should be judgedfor in hin cause.
I.
Interpretation
It is of twofold sense
a) Adjudicator must not have any direct or indirect financial or proprietary
interest in the case.
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b) Adjudicator must not be reasonably suspected or show a likelihood of
bais.
II.
III.
Explanation Of The Maxim
a) Judge must be impartial
b) That should be neutral
c) Just should be indifferent
d) That should be free from bias.
Meanings Of Bias
The predisposition of an educator making a decision against or in ffavorof
one of the parties or a class of persons.
IV.
Type Of Bias
There are three types of Bias;
a) Personal bias
b) Pecuniary bias or subject matter bias
c) Official bias
Their detail is given as under
a) Personal Bias
In the personal Bias, judge has a personalrelationshipn with the party and his
d iinfluencesce favorour of or against one party.
Cottle vs Cottle 1939
The magistrate who was party’stfriendsiend was disqualified.
b) Pecuniary Bias
A Decision-maker with a direct financial interest is disqualified and a
decision made by the samisre rendered void.
c) Official Bias.
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In this type of Bias, the decismakermake has no Malafide* intention against
the party but may wish to defend up particular department policy which ops
him/her from identification of issue based on fairness and impartiality.
V.
Exceptions
The following are two exceptions to it;
• Necessity
• Aquiessence* and wavier*.
10.AUDI ALTERM PARTEM
No one should be condemned unheard.
It was anupheldd in Magna Carta 1216.
At first, it was only applied to judicial proceedings butin 1964 it was also
applied to administrative proceedings.
The hearing rule is the backbone of the connection with natural justice and can
beviewedw in various cases.
11.RIGHT TO FAIR HEARING
The right to hearing is the fundamental right of all the citizens and it has areat
importance worldwide. It means that every person should be given a
responsible opportunity to be heard.
I.
Right To Be Informed In Audience
Every person should be informed in the audience if any case is filed against
him and notice should be given to him if nothe his are not issued to the
parties and the decision is made then that decision will be null and Void. so,
it is necessary to give notce .
II.
Reasonable Time To Prepare Response
Audi later partem ensures that a party should be given a responsible time to
formulate a response.
III.
Right To Be Heard
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The hearing is the most important part to observe while fairness regarding
the principle of natural justice.
IV.
Evidence
Evidence is considered as a most party which is brought before the court
when both parties are present there and judicial authority would act upon the
evidence accordingly.
V.
Cross-Examinationion
The course should not focus on concerning material that is provided against
a person without thecross-examinationn.
VI.
Legal Representation
The existence of a right to be legally represented before the dedecisionmakerill rebe recognisednly whereand individual has a right to be here
orally* and all the surrounding circumstances indicate that the hearing
cannot be conducted fairly unlesthe s legal representation is followed.
VII.
Reasoned Discussion
It has been recognized principle of natural justice that a party is entitled to
know why a matter has been decided against him the principle has been
described in the expression speaking order by the course in Pakistan and
India the speaking order is always responsible.
12.EXCEPTION
❖ During emergency period
❖ Public interest
❖ The naturere of the case is not if serious kind
❖ If it does not affect the status of the individual.
13.CONCLUSION
Justice Is God's Idea And Men's Ideal
Frank Walters
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CRIME AND PUNISHMENT IN THE ROMAN
LEGAL SYSTEM
1. INTRODUCTION
The Roman legal system is the world's oldest legal system and it s a great
importance worldwide. Though we see a concept of crime and punishment in
the Roman legal system. Ithe n Roman legal system punishment was
imposedthe on commisa sion of crime.
“Behind every great fortune, there is a crime”
Honore de Balzac
2. TRIUMVIR
Triumvir is a ruling body of their or group of their junior magistrate. Therefore
triumvir can also settle a dispute.
3. TRIAL
That I will be conducted before the practortractorior Magistrate) if accused is a
reputable citizen or has claimed Innocence, if nom it will be before the triumvir.
4. QUESTION OF GUILT
The question of guilt will be determined by consortiumlium and advisory
committees.
5. DEATH PUNISHMENT
The death punishment was given at the time of Roman by threw from a cliff,
burying alive aurourrning inttoath. So we can say that they have been protected
from cruel and unusual methods of punishment.
6. IMPLEMENTATION OF LASSER TYPES OF PUNISHMENTS
For the implementation of laser types of punishments ,plebians have been sent
into the mines, foo,d and watewereas forbidden to them within a given distance
in Romtheirere property was confiscated and such punishments impose
uponlower-classs criminals.
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7. IMPRISONMENT
Roman kept criminals under detention instead of giving them punishment who
are waiting for their punishments executions or trials those who do not obey th
magistrate may also come under imprisonment while healthy people stay at the
house of friends for the trail.
8. REPUBLICAN TRIAL PROCEDURE
Any citizen could press charge against another through a petrous* acting as his
advocate
I.
Charge
The charge had to be in the inscription, in writing signed by both dilator
subscoresores, accuser and witness an,d delivered to praetor known as seethe
nior judge.
II.
Predators
Praetor works in charge of the law course and presided over the questions that
are jurors*. Eight praetors were elected each year to administer justice in the
courts.
III.
Plebeians
In Bc 366, plebeians were finally allowed to run for his important office.
IV.
Accused
The accused had to be present at the nominis delete* which is making a formal
charge
V.
Swore Oath
The dilator and The subscriptions swore Oath that they would not bring false
witnesses.
VI.
Witnesses Could Be Questioned
All witnesses could be questioned and subjective to feature attacking their
credibility.
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VII.
Rule For Permitting Evidence
The court consider the return of spoken word as legally binding accused was
allowed one and a half times the total speaking time of prosecution.
VIII.
Announced The Jury's Decision By Casting His Vote
To caste, his vote each juror in secretraisedd a c condemno) or and A (Absolvo)
9. EMPIRE TRAIL PROCESS
The empire trial procedure is given and explained as under
I.
Professional Delator
Professional delator where many because of monetary awards "preamp"*
that might be won. This is the Concept of an empires court.
II.
First Step
Application of hearing postulatio
III.
2nd Step
The formal change by a delator with his subscriptors present.
IV.
3rd Step
That consuls* summoned the Senate to determine ifthe charge should be
head as one charge or should be divided
V.
4th Step
The inquisitor in which evidence was heard debate followed and speeches
were limited by a water dock and finally award on the verdict.
VI.
Predators And Propraetors*.
The praetors and propraetors which are governance published a list of
principles and formulas of their practices in the form of edicts the beat
ginning of each term.
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10.JUDGEMENTS
Judgment in the time of Rthe oman legal sysis are given as under;
I.
II.
III.
IV.
V.
VI.
VII.
VIII.
If one admits to stealing killing and animal or slave, he must pay the
rirightfuln the value of the property. if he Denise and foefounduilty is then
required to pay double the value.
A thief caught in the night could be killed.
One might legally kill to defend oneself.
Exessive Brutality on the part of the teacher is Capable*.
A person who slips, carrying a heavy burden, and that burden homed
another. then the first person may be heldliabled as he should not be
overburdened.
Incendiaries should be killed by fire.
It was considered a crime for feefreedmano claim to be frfree-born
If anyone mutilates another's limbs he should suffer the same unless he
comes to a friendly understanding with the wounded person.
11.CONCLUSION
Punishment is not For revenge but to lessen crime and reform the criminal.
Elizabeth fry
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CODE OF HAMMURABI
1. INTRODUCTION
The code of Hammurabi is the first written law in the history of the word the
coHammurabimurabiBabylonianlonian Legal text. it is the longest
borganizedised and best preserve legal text from the ancient near east it is
written in the old Babylon dialect by Hammurabi 6th king of the first
dynastyBabyloniannian.
The first duty of government is to protect the powerless from the powerful.
Hammurabi
2. DEFINITION
The code of beam might be defined as, a collection of 282 rules, by King
Hammurabi, established standards for commercial interaction and set science
and punishments to meet the requirement of Justice.
3. HAMMURABI'S KINGDOM
Hammurabi was the sixth king in the Babylonian dynasty which ruled Central
Mesopotamian (iraIraqfrom 1894 bc to 1595 BC.
I.
Family
His family was descended from the Amorites* Asami nomadic tribe in western
Syria.
II.
Name
His name reflected a mix of cultures; Hammu, which means “family” in
Amorites, Combined with “Rapi”, meaning “Great” in Akkadian the everyday
language of Babylonian.
III.
Works
Hammurabi begins to expand his Kingdom up and down the Euphrates,
overthrowing larsa*, shunned*, Assyria, and Mari until all of Mesopotamiawas
under his sway.
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➢ Hammurabi combined his military and political wants with irrigation
projects.
➢ He constructed fortifications and temples
IV.
Present day
The Babylonian of Hammurabi are is now below the water table and
whatever achieves he kept are long dissolved.
4. HAMMURABI'S CODE
The black stones stela containing the Hammurabi code was caubyfrom a single
four-toslabbs of diorite.
➢ At its top is a two and a half foot relief carving of standing Hammurabi
receiving the law symbolized by a measuring rod and a Tape-from the
sstate shamash*, the baBabylonianod of Justice.
➢ The rest of the 7 feet 5-inch monument is covered with columns of
chiseled cuneiform script.
➢ The text compiled at the end of Hammurabi's reign is less a proclamation
of legal principles tthana collection of presidents set between prose
celebrations of hamorbis just and pious rule.
➢ The 282 edicts (articles) are all written in thetherm for example if a man
steal and anthen he must pay back 30 time ests value.
5. REDISCOVERY OF HAMMURABI'S CODE
In 1901 Jacques De Morgan a French mining* engineer, led an archaeological
expedition of Persia to Excavator the eElamitecapital of Susa, more than 250
miles from the center of HAMMURABI'S kingdom.
There discovered astellEstellan into three pieces that had been brought to Susa
as spoils of war, likely by the Elamite King shutruk* nahhunte* in the mind
12th century BC the Stella was packed up and shifted to Paris and within a year
it had been translated and widely publicized athe s earliest example of a written
legal code.
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6. CONCLUSION
“If a man destroys the eye of another man they shall destroy his eye”
Hammurabi
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CIVIL LAW/ CIVIL LEGAL SYSTEM
1. INTRODUCTIONIOM
Civil law is a legal system that originated in mainland Europe and adoptea d
inoveratch of the world the civil law systemintellectualizedised within the
framework of Roman law and with core principles codified intreferableable
system which cells as the primary source of law.
“When every man lives without la everyman Lives without freedom”.
J Ratzinger
2. MEANINGS
Civil law means the enacted law. the term civil law is derived from lthe
Latinword jus civile
Jus Civile
Civil Law
3. DEFINITIONS
I. Civil law is the law of courts and lawyers
J. Salmond
II.
The body of law imposed by the state as opposed to moral law.
Black's Law dictionary
4. MAIN FEATURES
The main features of civil law are given as under
❖ Civil laws are a codified set of Legal rules.
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❖ There is little scope for judge-made law in the civil course yet looking
into the practical aspects the judges follow the presidents.
❖ Writings of legal scholars do have a substantial influence on the courts.
5. BRANCHES OF CIVIL LAW
The branches are given as under;
•
•
•
•
•
•
•
•
•
Administrative law
Family law
Contract law
Business law
Media law
Sports law
Tax law
Consumer law
Tort law
6. HISTORICAL DEVELOPMENT
Naseebo Lal tradition trace its origin to Rthe oman Republiccity-stateate that
emerged in the 6th century BC and become an important commercial and
military power the early custom and laws of rRomeWere put in writing for the
first time in 451 and 450 BC iIe law of 12 tables.
After that, the legal system of Rome was developed and in 534 A.D Kingstoniann*
gave our written cost called corpus juris civilus or Justinian code and after some
time it was accepted worldwide.
7. DIFFERENCE BETWEEN COMMON AND CIVIL LEGAL SYSTEM
Some differences betweenthe two legal systems are given as under
I.
Historical Influences*
Civil legal sysysteise heavily influenced by Roman law while the
common law lesystemsstem the have minimal influefrome of Roman law.
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II.
Sources Of Law
In the civil law legal System Parliament make the laws on the other
handthe in common law legal system judge make laws.
III.
Laws
In civil a legal system laws are present in enacted from i.e statute and
there is the supremacy ostatutestatues there wha ile in common law legal
system only the presidents are superior and the courts follow the doctrine
of Stare Decisis.
IV.
Legal Method
Civil laws are code based and the common law are case based.
V.
Court Procedure
Court procedure in civil law legal system is inquisitorial and in common
legal system the chord procedure is "adversial*"
8. CONCLUSION
“Law is the public conscience”
Thomas Hobbes
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CORPUS JURIS CIVILIUS
(JUSTINIAN CODE)
1. INTRODUCTION
The justinian court or corpus jurious civilius was a major reform of Byzantine
law created by emperor Justinian I (527 - 565 BC) in 529 to 534 BC. Aiming to
clarify and update the old Roman laws this could not only used as the basis of
Byzantine law for over 900 years. the law there in continue to influence many
Western legal system to this day.
“Law is the king of all mortals and immortals”
Justinian
2. MEANINGS
Corpus juris civilius means the body of civil law.
Corpus
Body
Juris
Laws
Civilius
Civil
Body Of Civil Law
3. DEFINITION
Corpus juris civilius is the collective title of the body of ancient Roman law as
compiled and codified under the emperor justinian in the 6th century A.D.
4. CONTENT
The commission to update Byzantine was lead by the great legal expert
Triboniom* Who had already served as as quaestor of the Great place of
Constantinople the highest legal position in the empire.The first part of the
corpus juris civilius was completed in April 529 A.D and overall code was
completed in 534 ad. Code was eventually made up of 4 main pass.
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I.
Codex justinian.
The codex issued in 529 BC was a collection of 12 books containing for 562
imperial edicts from the time of Hadrian (117-138 AD) to justinian one
himself, organised by theme and all correctly attributed to the emperor who
had made them with a date.
II.
Digestum or pendecate*
The digestum or pendects, issued in December 533 ad, was a compendium
of legal opinions by celebrated Roman jurists of past, which could be cited
by climate and defence in court. It was also designed to be used practicing
judges.
III.
Institutions
The institutions, also issued in December 533a.d was as sort of handbook of
the codex and digestum for law students to better understand and apply
them. It was compiled by tribunean and two other exports, Theophilus and
dorotheos*
IV.
Novella constitutions
The novella (or new laws) was a collection of the imperial edicts made by
Justinian, between 534 and 565 the final years of his reign. Instead of Latin
as used previously and still used in the other their parts, Greek was mostly
used in this new edicts the common language of the Byzantine empire.
5. IMPORTANCE OF JUSTINIAN CODE
The importance of justinian code is given as under
The corpus juris civilius was the foundation for the Byzantine legal system for
nearly 900 years. Justinian code influence has spread to most of Europe.
The justinian code talked about so many important laws like marriage, property,
crime, slavery, business, adoption, and trade laws.
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6. CONCLUSION
“The safety of the state is the highest law”.
Justinian
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COMMON LEGAL SYSTEM
1. INTRODUCTION
Common law is the legal system used in Great Britain and the United States
(except the state of Louisiana). According to common law, judges must consider
the decisions of earlier courts (precedents) about similar cases when making their
own decisions. People sometimes call common law “customary law” because
judges consider the customs (common practices) of the country when making
decisions. In many countries the justice system combines elements of civil law
(private cases), which was handed down from Roman law, and common law,
which developed in England. In a combination system, private cases are judged
in civil courts; however, cases involving crimes against society (criminal law) are
tried in criminal courts, where decisions are based on precedents.
2. HISTORY OF COMMON LAW
I.
Customs
These are rules of behavior which develop in a community without being
deliberately invented. There are two main types of customs: General customs and
local customs.
II.
General Customs
Historically these are believed to have been very important in that they were,
effectively, the basis of our common law. It is thought that following the Norman
conquest (as the country was gradually brought under centralised government)
the judges appointed by the kings to travel around the land making decisions in
the kings name based at least some of their decisions on the common customs.
This idea caused Lord Justice Coke in the 17th century to describe these customs
as being ’one of the main triangles of the laws of England’. However, other
commentators dispute this theory.
Today, Michael Zander writes that probably a high proportion of the so-called
customs were almost certainly invented by the judges. In any event, it is accepted
that general customs have long since been absorbed into legislation or case law
and are no longer a creative source of law.
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III.
Local Customs
This is the term used where a person claims that he is entitled to some local right,
such as a right of way or a right to use land in a particular way, because this what
has always happened locally. Such customs are in exception to the general law
of the land, and will only operate in that particular area.
Since there were (or still are) exceptions to the general common law, the judges,
from the earliest times, established a series of rigorous tests or hurdles that had
to be passed before they recognised any local customs. These tests still exist today
and are used on the rear occasions that a claim to right comes before the courts
because of a local custom. Those tests are as follows:
•
•
•
•
The customs must have existed since ‘time immemorial’
The customs must have been exercised peaceably, openly and as of right
The custom must be definite as to locality, nature and scope
The customs must be reasonable.
It is very unusual for a new custom to be considered by the courts today and even
rarer for the courts to decide that it will be recognised as a valid custom, but there
have been some such cases. For example in Egerton v Harding (1974) the court
decided that there was a customary duty to fence land againts cattle straying from
the common. Another case was New Windsor Corporation v Mellor (1974) where
a local authority was prevented from building on land because the local people
proved that was a custom that they had the right to use the land for lawful sports.
Although customs may develop, they are not part of the law until recognised by
the courts; it is the judges who decide which customs will be recognised as
enforceable at law.
IV.
Common law
Clearly the legal system in England and Wales could not rely only on customs.
Even in Anglo-Saxon times there were local courts which decided disputes, but
it was not until after the Norman conquest in 1066 that a more organised system
of courts emerged. This was because the Norman kings realised that control of
the country would be easier if they controlled, among other things, the legal
system. The first Norman king, William the conqueror, set up the Curia Regis
(the king’s Court) and appointed his own judges. The nobles who had a dispute
were encouraged to apply to have the king (or his judges) decide the matter.
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V.
Development of common law
As well as this central court, the judges were sent to major towns to decide any
important cases. This meant that judges travelled from London all round the
country that was under the control of the king. In the time of Henry II (1154-89)
these tours became more regular and Henry divided up the country into ‘circuits’
or area’s for the judges to visit. Initially the judges would use the local customs
or the old Anglo-Saxon laws to decide cases, but over a period of time it is
believed that the judges on their return to Westminster in London would discuss
the laws or customs they had used, and the decision they had made, with each
other. Gradually, the judges selected the best customs and these were then used
by all the judges throughout the country. This had the effect that the law became
uniform or ‘common’ through the whole country, and it is from here that the
phrase ’common law’ seems to have developed.
3. ADVANTAGES & DISADVANTAGES OF COMMON LAW
The term “common law” has it’s origins in England in the 11th century. Even
today in the US, some common law principles from the original English law are
applicable while alongside it is the growing body of common law which is being
set as a part of stare decisis i.e. the judicial systems decisions and interpretation
of statutory law provisions by judges, are becoming a part of the common law.
Other judges look to these decisions as a guideline or as a necessary precedent to
follow, while making their own decisions.
There are both advantages and disadvantages to a legal system based on common
law or precedent-based.
I.
Advantages:
i) Equity:
Equity is to correct common law defects and mitigate its harshness. It
can be used for all classes of people unlike the common law. The law was
very technical in common law and if there was error in the formalities the
person making the claim would lose the case. In this case, equity rewards the
claimants better. The only remedy that common law could give was
‘damages’ – that is an order that the defendant pay a sum of money to the
claimant by way of compensation. The chancellor also developed new
remedies which were able to compensate the appelantives more fully than the
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common law remedy of damages. The main equitable remedies were
injunctions, specific performance, rescission, rectification. Equity is not a
complete system of law, it merely fills the gaps of common law and soften the
strict rules of common law.
ii) Precedents:
As these decisions are based on previous judgements, it’s more
convenient to follow this process through. People know what to expect; there
is an element of predictability. The process is easier and more practical as
there are no fixed, lengthy rules but real situations that have already been
resolved.
iii) Efficient:
As there is already a basis on which the judgment will be passed, a basic
framework so to say, the judicial process becomes so much faster. There is
certain efficiency in the process as compared to what the procedure would be
like in comparison with a system that did not follow the precedent based
system. Plus these decisions are based on a precedent and so have a stronger
basis.
II.
Disadvantages:
i) Perpetuation of bad decisions:
The downside of a jugdment that has been made, its that it will be
superseded again by other judges even if the decision is defective. And in the
common law its about following precedents. This will take a long time to
happen. So this directly uphelds a bad decision.
ii) in the absence of precedent:
People will not know what to predict when they come to a situation that
needs to be taken to court. When there is no precedents judges make decisions
based on the evidence given and as far as possible come to a fair judgement,
sometimes a view of the evidence by the judge may bring about a wrong
judgment.
iii) Need for records:
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Because these precedents are to be followed by all other courts or in
many cases, lengthy, detailed records have to be maintained. And to make
easy the accessing of these cases and previous decisions, uniform indexing
methods have to be created and followed diligently.
4. CHARACTERISTIC FEATURES OF COMMON LAW
1. The distinctive feature of common law is that it represents the law of the courts
as expressed in judicial decisions. Judges decide cases found in precedents
provided by past decisions, in contrast to the civil law system, which is based
on statutes and prescribed texts. Other than the system of judicial precedents,
other characteristics of common law are trial by jury and the doctrine of the
supremacy of the law. Originally, supremacy of the law meant that not even
the king was above the law but today it means that acts of governmental
agencies are subject to scrutiny in ordinary legal proceedings.
2. Judicial precedents derive their force from the doctrine of stare decisis. For
example, that the previous decisions of the highest court in the jurisdiction are
binding on all the subordinate courts. However, different conditions soon
make most decisions inapplicable except as a basis for analogy, and a court
must therefore often look to the judicial experience of the rest of the Englishspeaking world. This provides a more flexible system, while general
acceptance of certain authoritative materials provides a degree of stability.
Nevertheless, there are times, the courts have failed to keep pace with social
developments and it has become necessary to legislate to bring about the
changes needed. Indeed, in recent years statutes have superseded much of
common law, notably in the fields of commercial, administrative, and criminal
law. Typically, however, in statutory interpretation the courts have recourse
to the doctrines of common law. Thus increased legislation has limited but has
not ended judicial supremacy.
5. CONCLUSION:
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DIFFERENCE BETWEEN COMMON LAW &
CIVIL LAW
Some of the differences between two legal systems are mentioned here under:
1. HISTORICAL INFLUENCES:
There are many differences between common law and civil law legal systems,
including their Historical Influences, sources of law, legal categories or
distinctions, legal methods and reasoning, and court procedure. Civil law legal
systems are heavily influenced by Roman law, while common law legal systems
have minimal influence of Roman law as a result of it never having been
‘received’ as in Continental Europe.
2. SOURCES OF LAW:
Sources of Law differ between common law and civil law systems. In civil
law systems legal codes are comprehensive, rational and logically ordered,
whereas statutes of common law jurisdictions tend to be less exhaustive, often
operate to clarify, consolidate or supplement case law, and are interpreted
according to common law principles. In civil law jurisdictions case law is not
a significant source of law and carries limited authority, but in common law legal
systems precedent and principles developed through cases are a major source of
law. Academic writing has some degree of authority in civil law systems, but has
no authority in common law jurisdictions (except where the judiciary cites nonjudicial sources with approval).
3. THE LEGAL METHOD:
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The Legal Method differs in that civil law systems move from the abstract to
the particular and common law systems move from the particular to the abstract.
Civil law systems are code-based and use systematic and authoritative general
principles of law and cases are solved by the interpretation of those principles.
By contrast, common law legal systems are case-based and work from facts of
particular cases to develop principles; the law develops on an ad-hoc basis in
which facts are supreme and hierarchical analogical reasoning (judicial
precedent) is supreme.
4. COURT PROCEDURE:
Court procedure in civil law systems are characterized as ‘inquisitorial’ in
which a tribunal of fact (one or more judges, sometimes laypersons) plays an
active role in the gathering of evidence and the role is to find truth. Fact finding
occurs during pre-trial investigation and the trial is a public showing of the
dossier (the results of the investigation). Common law systems, by comparison,
are characterised as ‘adversarial’ in which the tribunal of fact (one or more
judges, or a jury) plays no role in the investigation and their role is primarily to
ensure a fair hearing for both sides. The trial is the main fact-finding arena and is
a distinct process separate from investigation.
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JUDICIAL REVIEW
1. Introduction
Judicial review is a process under which exactive legislative and administrative
action are subject to review by judiciary. in the judicial review of climate
challenges the lawfulness of a government decisions. it is the power bestowed
upon the judiciary.
“Judicial review has been apart of over democracy in the constitutional
government for over 200 years”
Ron Kind
2. Meanings
According to Oxford Dictionary judicial review is after treasure which are
Court can give you an administrative action by a public body and secure a
declaration order or award.
3. Definitions
The definitions of judicial review are given as under
I.
Judicial review is the power of the courts of a country to examine the
action of the legislative executive and administrative arms of the
government.
Britannica
II. Judicial review is a course power to review the other branches of
government
Black's Law dictionary
4. Origin of judicial review
Judicial review is originated in 1803 from that case of marbury V medison.
In the famous opinion of chief justice John Marshall that to follow constitution
is the supreme law.
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5. Experience in judicial review in year of 1857
In year of 1857 Missouri compromise (1820) [admission of Missouri of the
union of slave state by us Congress] was declared unconstitutional.
❖ Period of 1856 to 1900
Judicial review and it down 24 diseases in which different acts or parts of acts
of Congress were held unconstitutional.
6. Objects of judicial review
The purpose of judicial review is only to make legislation in accordance with
provision of constitution.
• Judicial review is necessary to uphold the principle of supremacy of
constitution
• It prevents misuse of power by executive or the administrative organ of the
state.
7. Scope of judicial review
The scope of judiciary view is given as under as the law must be challenged
only if
• The said law infringe the fundamental rights of the citizens.
• The said law goes against the provision of constitution.
• The said law Goes beyond the competency of the authority that has framed it.
8. Type of judicial review
There are three types of judicial review
I. Judicial review of constitutional amendments.
II. Judicial review of legislation .
III. Judicial review of administrative actions.
9. Limitation on judicial review
Elimitation on judicial review are given as under
I.
II.
More than 70% shejes must agreed to judicial review.
The courts cannot amend the constitution or make a new law.
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10.Criticism
The criticize argue that judicial review is illegitimate because of its anti
majoritarian* nature.
Criticize are you that judicial review is illegitimate because it takes Final
Decision on importance political controversies out of the hands of ordinary
system.
“We are under the constitution and constitution is what the judges say”
Justice Huges
➢ The criticism of eritics* on judicial leave you had a great importance and this
is judicial review as judicial tyranny.
11.Merits
Following are the merits of judicial review
•
•
•
•
SuperaMacy of constitution
Strong federation
Independence of judiciary
Protection of fundamental rights
12.Demerits
Following are the merits of judicial review
• Undemocratic state
• Judicial oligarchy
• Clogged social progress
13.Case laws
Important case laws regarding judicial review are given as under;
➢ William marbury v/s James medison 1803
➢ McCulloch v/s Maryland 1817
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14.Conclusion
“Judicial review is presumably most beautiful and original
gift to the art of government”
Max Lerner
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DIFFERENT SCHOOL OF ISLAMIC LAW
1. INTRODUCTION
Islamic law and what it means To be a practicing Muslim has changed and
developed over centuries of thinking different interpretations on what Islamic
law should be is reflected in the diverse range of schools of thought or ways of
studying and practicing Islam.
“Difference of opinion among my community is a
sign of bounty of God (Allah)”.
Prophet Muhammad (PBUH)
2. SCHOOLS OF ISLAMIC LAW
There are two major types of schools of Islamic law
I.
II.
Sunni Schools
Shia Schools
3. SUNNI SCHOOLS
There are further for schools of thoughts in Sunni School of Islamic law
I.
II.
III.
IV.
I.
Hanfi School
Hambali School
Shafi School
Maliki School
Hanfi School
The hunfi school is named after Imam Abu hanifa Al Nouman ibn tahbit.
➢ It was originated in kufa, present day Iraq.
➢ It's influence spread both Mughal and ottoman empire and in western
Europe and North America as well.
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➢ The schools founder of hanifa was a trader. as young man in 763 A.D. he
was imprisoned for refusing to collaborate with judiciary. he considered
corrupt. he died in prison for year later.
➢ As well as Quran and sunnah as source of guidness, this group also relied
heavily on using logical argument to find answer to social problems.
II.
The Humbali School
The humbali school is named after Imam Ahmed bin hambal.
➢ ThiS school was developed in Baghdad.
➢ Today the following of the school are concentrated mainly in Saudi Arabia
and the United Arab Emirates.
➢ The founder of the school Imam Ahmed bin hanbal was thought by
Muhammad ibne idrees Al shafi in the founder of shafi School. There is
there for a direct link between the shafi and the hambali school.
➢ The hambali School derives its ruling almost solely from the Quran and
sunnah, which proves to be popular with groups of people wishing to
return to a purer* Islam.
➢
III. The Shafi School
The shafi school is named after Imam Mohammed ibne idrees Al shafi.
➢ The shafi school also has a wide influence in Egypt Indonesia Philippines
Singapore Thailand Sri Lanka and the Maldives.
➢ Imam shafi the founder of school is described by historians as the master
architect of Islamic Law.
IV.
The Maliki School
This school is named after Imam anas bin Malik.
➢ Imam Malik was an UN waving defender of personal freedom famously
issuing of fatwa that no person should be fast to play allegiance to the ruling
government in Madina
➢ The Malik school has its falling in Egypt as well as smaller group of
following in Algeria tunnis, Morocco, Libya, UAE.
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➢ It is originated in Madina Saudi Arabia
➢ The Malik school was formed the world sunna did not yet me that traditions
or practice or prophet Mohammed peace be upon him specially.
4. SHIA'S SCHOOL
There are two major Shia's school of thought
i.
ii.
The zaydi school
The Ja'fari school
There explanation is given as under
i.
The Zaydi School
Zaydi school is named after zyad ibne Ali
Zaydi's makeup about 25% of Muslim in Yemen with the greatest majority
of Shia.
ii.
The Ja'fari School
The Ja'fari school is named after the sixth Imam jaffer Al Sadiq
Ja'fari school of thought is following in Iraq Iran Pakistan India and etc
5. CONCLUSION
Consequently we can say that, Islamic law and what it means To be a practicing
Muslim has changed and developed over centuries of thinking different
interpretations on what Islamic law should be is reflected in the diverse range of
schools of thought or ways of studying and practicing Islam.
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PRIMARY SOURCES OF ISLAMIC LAW
1. INTRODUCTION
There are two major primary sources of law out of these primary sources Quran
and considered as the first primary or fundamental source of Islamic law and
the other one is sunna (indirect word of God)
“Justice is better than courage as if everyone is
fear to each other then there will be no need for courage”
Hazrat Ali R.A
2. MEANINGS
The term Quran is drive from the Arabic word Qura'a which means that thing
which is read most
Qur'an
Qura'a
A thing which is most read
3. REVELATION
The Oriya Quran was revealed in approximately 23 years according to the
needs of people.
4. COMPOSITION
Quraan Is composed of
I.
II.
114 surah 86 makki and 28 madani
30 Parah
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5. NAME OF QURAN
There are 55 alternative names of Quran such as;
•
•
•
•
Al kitab
Al furQan
Al Noor
All mobeen
6. COMPILATION OF QURAN
The holy Quran was completely compiled in written form during the life Time
of prophet Muhammad (PBUH).
“We are responsible for its compilation”
(Al Quran 75:17)
7. SALIENT FEATURES
➢ Unlimited
➢ Comprehensive
➢ Absolute
➢ Unconditional
➢ Dynamic
➢ Organic
➢ Duty of protection
8. CONTENTS
Following are some contents of Quran;
I.
Stories
Quran Naresh the story of the past prophet and the people and the
punishment in fiflicted On The wicked in the past.
II.
Scene and unseen
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The holy Quran let us known about the scene and unseen Allah, the
angels, the life after death, day of judgement, Paradise and hell.
III.
Code of life
The holy Quran complete code of behaviour good injections and
teachings in regard to social laughl economic and political matters.
9. AHKAM IN QURAN
Two men categories of Assam have been classified by the Muslim jurists.
I.
Hukam taklifi
To create an obligation for commission or omission of an act.
II.
Hukam wadi
To provide criterion for judging whether an act perform is valid or not.
10.MEANING OF SUNNAH
Sunna means the acts of holy prophet pbuh which he used to do in his Pious
life.
The word sunna is drive from an Arabic word sunnan which means a right path
or a right way.
Sunnah
Sunan
A Right path or a Right way
11.DEFINITIONS OF SUNNAH
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The definitions of sunna are given as under;
I.
A well known path and it is specially reserved for the act of prophet
Muhammad PBUH
Dictionary of Islam
II.
Sunna refers to all that is narrated from the holy prophet PB us he saying
and weather tacitly approved
Ulma of Islam
12.KINDS OF SUNNAH
There are three kinds of sunnah and are given explain as under;
I.
Sunnah E Qauli
It is the viable expressions of holy prophet peace be upon him it is
comprised of saying or narration of the prophet pbuh
II.
Suunah Faili
It is the action of holy prophet PSP upon him and consist of his deeds
practices.
III.
Sunnah E Taqreeri
It is the tacit approval of the prophet pbuh.
13.AUTHENTICACY OF SUNNAH
Sunna hai a great authenticacy and value in Islam.
Whatever the message give you take it and
whatever he for bites you abstain from it.
(Al Quran 59:7)
I am leaving two things for you the
book (Qur'an) and my Sunnah
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(Prophet PBUH)
14.CROSS REFERENCES
THE CROSS REFERENCES RELATING WITH QURAN AND SUNNA
ARE GIVE AS UNDER
I.
Article 227 of the Constitution of Pakistan 1973
All the love Pakistan shall be made in accordance with Quran and Sunnah
II.
Article 233 of the Constitution of Pakistan 1973
The Council of Islamic ideology was made to declare the last unislamic and
repugnant to the Quran and Sunnah.
15.CONCLUSION
O. you! Who believe, stand firm for justice even against your own slaves.
Al Quran 135:4
Secondary Sources Of Islamic Law
➢ Ijtihad
Striving maximum efforts to extract some issue
➢ Ijma
Consensus upon legal opinion
➢ Qiyas
Preference of our* thing over the other
➢ Taqlid
Confirmatory of 1 person to the teaching of another
➢ Istehsan
To consider something good.
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THE PRESIDENT OF PAKISTAN
1. INTRODUCTION
The President of Pakistan is the ceremonial head of state of Pakistan and the
commander in chief of Pakistan armed force. the office of president was
created upon the proclamation of Islamic Republic on 23rd march 1956. the
official residence and principal workplace of the president is Aiwan e Sadar.
“Do what you can, with what you have, when you are”
T Roosevelt
2. MEANING OF PRESIDENT
The word president is drive from the Latin word praesident which literally
means sitting before.
President
Praesident
Sitting before
According to Oxford's dictionary president means the elected head of a
Republic.
3. DEFINITIONS
The definitions of president are given as under;
I.
The officer in which the chief executive power of a nation is vested.
Britannica
II.
The chief political adjective of a government that does not have a monarch
the head of state.
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Blacks Law dictionary
4. PRESIDENT OF PAKISTAN
The Article 41 (1) of the Constitution of Pakistan 1973 tells about the President
of Pakistan that have shall be a President of Pakistan who
I.
II.
Shall be the head of the state
Shell represent the unity of Republic
5. QUALIFICATION
The Article 41 (2) of the Constitution of Pakistan tells about the qualification of
the president
❖ He must be Muslim
❖ He must be qualified to be elected as M.N.A
❖ His age must not less than 45 years.
6. ELECTION OF PRESIDENT
The president shall be elected in accordance with the provisions of the second
schedule by the member of an electoral college consisting of
❖ The member of parliament (both houses)
❖ The members of provincial assembly
Election to the office of president shall be held not earlier than 60 days and not
later than 30 days before the expiration of the term of the president in office.
7. TENURE OF PRESIDENT
Let in your of the President of Pakistan is only 5 years a person holding office
as president shall be eligible for real action to that office but not person shall
hold that office for more than two consecutive terms, the terms of president is
prescribed by Article 44 of the Constitution of Pakistan.
8. OATH OF PRESIDENT
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Before entering up on the office the president shall make Oath before the chief
justice of Pakistan and his prescribed by article 42 of 1973 constitution.
9. CONDITIONS OF PRESIDENT'S OFFICE
The conditions of the President are given in Article 43 and are;
I.
II.
III.
The president shall not hold any office of profit in service of Pakistan.
The president shell not occupy another position carrying the right to
remuneration for the rendering of service.
The president shall not be candidate for election as member of Parliament
or the member of provincial assembly.
10.POWERS AND FUNCTIONS
The powers and functions of the President of Pakistan are given as under
I.
Legislative power
The president has a power to summon both houses of Parliament for joint
session.
II.
➢ President has a power to give final Ascent to every legislation done by
parliament.
➢ Ek Parliament is not in fashion the president can give issue and
ordnance (law made by president) which is valid for 120 days.
Addressing
The president may address idhar houses of the Parliament and may require the
attendance of all members for the purpose.
III.
Right to speak in Parliament
The president have a power to speak in Parliament.
IV.
Dissolution of national assembly
The President of Pakistan may Dissolve the national assembly at his own
discretion for a valid reason with the advice of prime minister.
V.
Referendum
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The president is empowered to promulgate and hard referendum if there is matter
of national importance.
VI.
Appointment of caretaker cabinet
The president is empowered to appoint caretaker cabinet.
VII.
Judicial powers
The judicial powers of president of Pakistan are given as under
a) Appointment of Chief Justice of Pakistan
b) Appointment of Chief Justice of High Courts
VIII. Power to grant pardon
Article 45 of constitution of Pakistan 1973 prescribes that president shall have
power to grant pardon, reprieve and respite and to remit suspend or commute any
sentence passed by any code tribunal or other authority.
IX.
Foreign affairs powers
The foreign affairs powers of president are given as under
a) Appointment of ambassadors
b) Appointment of representative in United Nation
X. Executive functions
The executive functions of President are given as under
a)
b)
c)
XI.
Appointment of governor of provinces
Appointment of attorney General of Pakistan
Proclamation of emergency in the country
Military functions
Military functions of President are given as under
a)
b)
c)
XII.
Declaration of war
Peace settlement
Appointment of chief of Army staff
Ceremonial function
President of Pakistan perform all ceremonial functions related to the state.
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11.REMOVAL OF PRESIDENT
Not with standing anything contained in the constitution the president may in
accordance with the province of this article be removed from office on the
ground of Physical Or Mental In Capacity or impeached on a charge of
while eating a constitution or gross misconduct not less than one half of the
total membership of either House may give the speaker of the national assembly
or as the case maybe the chairman written notice of intention to more resolution
for the removed of or as the case maybe the chairman a written notice of its
intention to move a resolution for the removal of our as the case maybe to
impeach the president and such notice shell set out the particulars of his in
capacity or of the charge against him.
Article 47 of the Constitution of Pakistan 1973 deals with the removal of
president.
12.CONCLUSION
“Power is neither good nor evil,
but it's user make it so”
Erin hunter
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PARLIAMENT OF PAKISTAN
1. INTRODUCTION
The parliament of Pakistan is the legislative body ( in which the legislative
power is vested). the parliament of Pakistan according to the constitution of
1973 is bicameral their are total 42 seats in the Parliament it is the supreme and
Federal legislature of Pakistan .
“The parliament is the supreme decision making and
legislative body in any democracy”
Zia Ud Din Sardar
2. MEANINGS OF PARLIAMENT
According to Oxford dictionary Parliament is any supreme legislative or
deliberative assembly.
3. DEFINITION
The definitions of government are given as under
I.
The supreme legislative body of some countries
Black’s Law dictionary
II.
An assembly of the representation of a political Nation or people after the
supreme legislative authority.
4. PARLIAMENT OF PAKISTAN
Article 50 of the Constitution of Pakistan 1973 provides that parliament of
Pakistan consist of two houses as their is bicameral legislative in Pakistan. this
two houses are
I.
II.
Senate (upper house)
National assembly (lower house)
parliament of Pakistan is known as Majlis e Shoora.
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5. NATIONAL ASSEMBLY
National assembly is also known as the lower house of the Majlis e Shoora
I.
Composition
According to article 51 there shall be 342 members of national assembly
including reserved seats for women and non Muslims.
(Incomplete)
Flow Chart
II.
Person entitled to vote
Article 51 (2) provides the qualification of a person that shell be entitled to
vote.
a)
b)
c)
d)
III.
Citizen of Pakistan.
More than 18 years age.
His name appears on the electoral role.
He is not declared by a competent court to be unsound mind.
Duration of national
Article 52 states that the national assembly shell unless dissolve continue for
a term of 5 year from the day of its first meeting.
IV.
Head
According to article 53 the head of the national assembly will be its speaker.
V.
Functions
The functions of national assembly of Pakistan are given as under;
➢
➢
➢
➢
➢
Check and balance on executive
Amendments of the constitution
Law making
Policy making
Passing the money bill
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➢ Power to control finance
6. THE SENATE
Is also known as the upper House of Parliament.
I.
Composition
Definite shell consist of 100 members of whom
II.
❖ 14 shall be elected by the members of each provincial assembly
❖ 8 shall be elected from Fata
❖ Two from general seat and one technocrate from the federal capital
❖ 4 women shall be elected by members of P.A.
❖ 4 technocreate including Ulma should be elected by members of P.A
Election of Senate
It is responsibility of chief election commissioner to hold and make
arrangements for the Senate elections in accordance with the system of
proportional representation by means of a single transfer able what through
electrol college
III.
Tenure
Send it is a permanent chamber while the term of its members is of 6 years.
After every 3 years half members of Senate retire (who had come of 3 years)
IV.
Purpose of Senate
The main purpose of sanet was to give equal representation to all the
federating units of Pakistan.
V.
Election of chairman and vice chairman
Article 60 states that after the Senate has been duly constituted it shell elect
amongst it's members as chairman and Deputy chairman.
VI.
Role of Senate
The role of Pakistan is to promote national cohesion and harmony and to
elevate fare of the small province regarding the domination by any one
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province because of its majority in national assembly their standard in
Pakistan at as the stabilizing factor of the federation.
7. CONCLUSION
“Parliament is the more than procedure it is
the custodian of the Nation's freedom”
Jhon Diefenbaker
25.
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SUPREME COURT OF PAKISTAN
1. INTRODUCTION:
Supreme Court is the highest Court in Pakistan. It has jurisdiction over certain
matters. Jurisdiction means the power of a Court or judge to entertain an action,
petition, or other proceedings. The district or limits within, which the judgment
or orders of a Court can be enforced or executed.
2. JURISDICTION OF SUPREME COURT OF PAKISTAN:
Jurisdiction of Supreme Court includes:
1.
Original jurisdiction
2.
Appellate jurisdiction
3.
Advisory jurisdiction
These are the main three areas where Supreme Court has jurisdiction. Now
we discuss them in little detail. First we take original jurisdiction of Supreme
Court.
3. ORIGINAL JURISDICTION OF SUPREME COURT:
The Supreme Court has exclusive jurisdiction in the inter-government disputes,
such as:
1.
Punjab v Sindh
2.
Punjab v Pakistan
3.
Punjab v Sind and Pakistan
4.
Pakistan v All Provinces
This provision is based on principle that all the disputes whether consist on
law or fact, must be determined by Supreme Court if the parties in case are
governments either provinces or provinces and federation. It is undesirable
that governments fight in subordinate courts like common litigation. This
jurisdiction is exclusive because it excludes the jurisdiction of all other courts
in respect of disputes related with Governments.
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A Court is said to have original jurisdiction when it has power to hear and
adjudicate upon the matter in the first instance.
Exclusive jurisdiction means jurisdiction when Court has powers to hear, try,
and decide a case excluding any other Court.
Where Public importance is involved with reference to Fundamental Rights:
Supreme Court is competent to entertain a petition if considers that a question
of public importance is involved with reference to enforcement of any of the
Fundamental Rights conferred by the Constitution. These are the cases, which
should not be prolonged keeping in view of their importance. Nusrat Bhutto
Case, Martial law of 1962 case, Non-Party Based Elections are the best
examples of the public importance.
Supreme Court decides the question of public importance. Supreme Court
may or may not entertain the case being considering of public interest or not.
4. APPELLATE JURISDICTION OF SUPREME COURT:
Appellate jurisdiction of Supreme Court includes:
1.
Decisions of High Court such as judgments, decrees, final order, or
sentence.
2.
Cases from Federal Shariat Court.
3.
Cases from Federal Services Tribunal.
Appeal can be instituted in Supreme Court against the decision of High Court
provided:
1.
Reversal of acquittal of High Court: If the High Court has reversed
the acquittal and enhanced the sentence in following cases:
1.
Death
2.
Transportation for life.
3.
Imprisonment for life.
4.
Enhancement of sentence.
2.
Withdrawal of Cases: Where High Court has withdrawn a case from
subordinate Court, convicted an accused, and sentenced serious punishment
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like death, transportation for life, imprisonment for life, or enchantment of
sentence.
3.
Contempt of High Court: Where High Court has convicted a person
on the grounds of contempt of Court.
4.
Value of subject matter: Where value and subject matter is equal or
greater than Rs. 50,000/- or any other amount which parliament specifies is
involved.
5.
Certified appeal: Where High Court certifies that case involves
substantial question of law as to the interpretation of constitution. Provisions
of the Constitution have to be interpreted to make it a living document which
may accommodate past, satisfy the present, and serve to the future.[1]
Appeal against the judgement of High Court shall lie in Supreme Court, if
Supreme Court grants permission for appeal.
5. ADVISORY JURISDICTION:
Where President considers any matter of public opinion may refer this question
to Supreme Court for obtaining its decision.
Supreme Court is obliged to consider the question so raised and must submit
reply to the President.
Specific and precise question: The question, which is referred to Supreme
Court, must be specific and precise and Court may refuse to answer a question
if it is too general.
Powers to transfer case from one High Court to another: Supreme Court has
also authority under Article 186-A, that case pending in one High Court may be
transferred to another High Court provided it contains interest of justice. It is
only criteria to transfer case. Decision on the facts and circumstance of each case
shall determine the interest of justice.
Execution of processes: Supreme Court is competent and has power to issue
such directions, orders, or decrees as may be necessary for doing complete
justice in any case or matter pending before it. The direction, order, or decree of
the Supreme Court shall be executed by the competent High Court who shall
give effect to it as if it were its own directions, orders, or decrees.
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Enforceability: Directions of Supreme Court issued to government under
constitutional powers are enforceable throughout Pakistan. These direction,
order, and decree shall be deemed issued by the High Court concerned.
Finality of Supreme Court: Where any question arises whether which High
Court shall give effect of the order of Supreme Court, the decision of Supreme
Court regarding this matter shall be final.
Review of judgment: The Supreme Court has jurisdiction, subject to any Act of
Parliament and the Rules, made by the Court itself, to review any judgement or
order. At present there is neither any Act of Parliament nor any Rules, subject to
which the Court may exercise its powers of review.
Binding force on other courts: Decision of the Supreme Court on a question of
law or proceeding on or enunciating (state, announce, proclaim, affirm) a
principle of law are binding on all courts in Pakistan with the exception of
Supreme Court itself. The decision of Supreme Court brings an institutional
decision, as it is the decision of majority that is binding. Law declared by
Supreme Court would bind all courts, tribunals, and bureaucratic set-up in
Pakistan.
Action in aid of Supreme Court: If the judgement of the Supreme Court is not
implemented intentionally, it shall mean that the order or decree of Supreme
Court has been disobeyed. Constitutional command is that the law declared by
the Supreme Court shall bind all the courts of the country. All the Executives
and Judicial Authorities throughout Pakistan shall act, in aid of Supreme Court
of Pakistan. All courts and executives are obliged to enforce such law.
6. CONCLUSION:
Consequently we can say that, Supreme Court is the highest Court in Pakistan.
It has jurisdiction over certain matters. Jurisdiction means the power of a
Court or judge to entertain an action, petition, or other proceedings. The
district or limits within, which the judgment or orders of a Court can be
enforced or executed.
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JURISDICTION OF HIGH COURT OF
PAKISTAN
1. INTRODUCTION:
It was held in the case 2004 MLD 212 that writ jurisdiction of High Court can
be invoked where no other adequate remedy is available.”
2. APPLICABLE ARTICLES:
Article 199 of constitution of Islamic Republic of Pakistan, 1973
3. ESTABLISHMENT OF HIGH COURT:
Art. 175(1)
“There shall be …. A high court for each province….”
4. JURISDICTION OF HIGH COURT:
Jurisdiction of high court can be classified into two main effective heads.
a.
Extra ordinary jurisdiction
b.
Writ jurisdiction
c.
Appellete Juisdiction
5. WRIT JURISDICTION OF HIGH COURT: U/ART. 199
Subject to the constitution, if high court is satisfied then it may award or issue
writs.
6. AGAINST WHOM WRIT IS ISSUED:
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Writ may be issued against:
• Administrative authorities
• Judicial & Quasi judicial authorities
• Local authorities
• Government
7. CONDITION FOR ISSUANCE OF WRIT:
Writ shall be issued only when there is no adequate remedy.
“UBL Jus IBI Remedium”
8. NATURE OF WRIT JURISDICTION:
Relief u/Art 199 of the constitution is discretionary.
9. KINDS OF WRITS ISSUED:
Following are the kinds of writs:
• Writ of Mandamus
• Writ of Prohibition
• Writ of Certiorari
• Writ of Habeas Corpus
• Writ of Quo Warranto
• Writ of Enforcement of Fundamental Rights
• Writ of Anticipatory bail
10.WRIT OF MANDAMUS:
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a.
Meaning of writ:
Mandamus is to direct certain person to do something which he is bound to
do under the law.
b.
Text of the clause:
“High court may make an order to a person, to do anything which he is
required by law to do.”
c.
Nature of writ:
Nature of writ of mandamus is:
• Mandatory
• Directory
d.
Locus Standi:
Only aggrieved party will have it but it can also be filed by any person under
public interest litigation.
11.WRIT OF PROHIBITION:
a.
Meaning of the writ:
Prohibition is to direct a certain person not to do something which he is not
permitted to do under the law.
b.
Text of the clause:
“High court may make an order to a person to refrain from doing anything
which he is not permitted by law.”
c.
Nature of writ:
Nature of writ of prohibition is:
• Preventive
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• Directory
d.
Locus standi of prohibition:
Aggrieved party first, it can also be filed by any other person in special
circumstances.
12.WRIT OF CERTIORARI:
a.
Meaning of writ:
Certiorari can only be filed to check the sub-ordinate courts in the following
manners.
• Sub-ordinate court has committed access of jurisdiction.
• Subordinate court has not applied proper jurisdiction.
• Subordinate court has committed irregularity of procedure.
b.
Nature of writ:
Nature of this writ is declaratory.
c.
Locus standi:
Only aggrieved person can file writ of certiorari.
13.WRIT OF HABEAS CORPUS:
a.
Meaning of Writ:
Habeas means to produce & Corpus means the body of person. It means to
produce the body of person.
i.
To produce body before court.
ii.
To have a body that has illegally been detained.
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b.
Cross Reference:
Sec. 491 of Cr.P.C. 1898:
High court has power to issue the directions for Habeas Corpus.
c.
Locus standi:
Any person may file writ of Habeas Corpus.
14.WRIT OF QUO-WARRANTO:
i.
Meaning of Writ:
Quo means by what & Warranto means authority. It means by what authority
a person is holding his status or office.
ii.
Nature of Writ:
Quo warranto can remove a person from holding a public office if he is not
eligible for that office.
15.Art. 199 & Art. 184 (3)
Supreme Court can issue orders in the manners of a writ for the enforcement
of basic fundamental rights.
16.CONCLUSION:
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WHAT IS ALTERNATIVE DISPUTE
RESOLUTION (ADR)
1. INTRODUCTION:
Alternative dispute resolution (ADR) is becoming an important part of the
legal system of every country in the world. Mediation has getting more
attraction because of inexperience gives access to fast and speedy justice and
avoids the suffering of litigation. Mediation comprises by the courts and may
be part of pre-action needed in various jurisdictions. the lawyer play important
role in this regard and explore the cooperative approaches that lawyers can
adopt when representing their clients in mediation to make possible easy and
inexpensive access to justice in disputes is an important challenge to the legal
system in developing countries.
2. IMPORTANCE OF ALTERNATIVE DISPUTE RESOLUTION:
(a) Inexpensive
Alternative dispute resolution is much more expensive justice for the poor
people who does not afford it. It can be done by anyone like big member of
family representative of people.
(b) No litigation
A.D.R is very useful in under developing countries. Some people of society not
obey or afford trial of their case. In A.D.R people save their money, time and
conflicts.
(c) Acceptance by parties
Alternative dispute resolution is done only on the base of parties. If both parties
agree with A.D.R then it is possible in society.
(c) Acceptance by the courts
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Sometimes courts give order or appointed local commission for the decision of
people. The decision of local person commission of court is final and esthetic.
These decisions are accepted by the courts.
(d) Speedy justice
In alternative disputes resolution people get speedy and inexpensive justice. In
courts trial periods to much long and expensive where as A.D.R is very useful
in every country.
(e) Evolutionary value
The evolution of alternative disputes resolution is not new. The evolution of
A.D.R is from the birth of man. When there was no concept of court people
made their decisions through representative or big member of value.
(f) Negotiation
Negotiation is a process through which poor people or local people compromise
each other, or solve their matters with negotiation process because this is most
easy and common method in the world.
(g) Mediation
Alternative dispute resolution is also solved by mediation. Mediation is a solid
process through which people solved their disputes. This process has also so
many importance in all the societies of the world.
(h) Cancelation
Cancelation is a type of A.D.R which is very useful in every society of the
world. Mostly avoid from trials and use this method.
(i) Mutual agreement
Mutual agreement is held between two parties. Both parties solved their
disputes by agreement. Both parties are bound to obey the mutual agreement
and this agreement is in written form.
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WORLD LEGAL SYSTEMS
(j) Arbitration
There are many forms of A.D.R. arbitration is also type of A.D.R. In arbitration
people choose their representative and discuss disputes with each other. The
decision of arbitration is final and they are bound to follow them.
(k) A.D.R in Pakistan
Alternative dispute resolution is very useful in Pakistan. Basically in Pakistan
this process is very common in rural life. This process is very old in Pakistan. It
has so many benefits like inexpensive, speedy justice and no litigation.
3. CONCLUSION:
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WORLD LEGAL SYSTEMS
MODERN/ HYBRID LEGAL SYSTEM
1. INTRODUCTION:
Modern legal system must entail in itself impotent principles of good
governance. It is pertinent to mention the significance of governance and its
link with legal systems and mechanism of imparting justice. Governance is a
method of management. Good governance entails sound public sector
management, accountability, transparency and legal framework for
development. The idea of good governance became prominent in the end of
20th Century. This term was coined by World Bank.
2. IDEA OF GOOD GOVERNANCE:
Good governance has 8 major characteristics. It is participatory, consensus
oriented, accountable, transparent, responsive, effective and efficient,
equitable and inclusive and follows the rule of law. It assures that corruption
is minimized, the views of minorities are taken into account and that the
voices of the most vulnerable in society are heard in decision-making. It is
also responsive to the present and future needs of society.
3. PRE-REQUISITE OF MODERN LEGAL SYSTEM:
I.
Expeditious and inexpensive justice:
In modern legal system a strong system of expeditious and inexpensive
justice is the basic requirement. A system where injustice and inequalities
are prevailed disorder becomes the order of the day.
II.
Public participation:
A process whereby stakeholders, according to their worth influence policy
making, prioritizing issues and accessibility to sources, goods and services
it increases economic transparency and efficiency in decision making.
Everyone has the right to be heard and their legitimate demands should be
given due weight by the government.
III.
Public Private Partnership:
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WORLD LEGAL SYSTEMS
Public private partnership is a great concept of Modern time. Institutions and
individuals, who have capacities and potentials although are not part of the
government, can still pay a significant role in individual’s life. Innovative
ideas and ambitious capacities of private individual and organization now
conveniently are utilized for national causes.
IV.
Rule of Law:
Good governance in Modern legal system requires fair legal frameworks that
are enforced impartially. It also requires full protection of human rights,
particularly those of minorities. Impartial enforcement of laws requires an
independent judiciary and an impartial and incorruptible police force.
V.
Access to information:
In Modern legal system transparency can be insured by providing open access
to all stake holders, not to provide such access simply means escape of
responsibilities and embezzle resources.
VI.
Social Security:
Social security plays an important role in development of a nation. A strong
concept of social security entails a durable self confidence. When citizens
have a strong set of belief on the governance system a healthy competition is
inevitable.
VII.
Consensus:
Decision making aims at achieving broader understanding among competing
groups to achieve a balance where interest of different groups are protected
and are in consonance with policies and procedures. Consensus decision
making is a form of democracy protecting the interests of majority.
VIII.
Pro-active policies:
Pro-active policies are important for the effective system of governance. A
state having pro-active policies has sustainable impact on its people. It gives
people a sense of security and guarantee.
IX.
Strategic Vision:
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Leaders and public have a long term prospective on good governance and
human development, along with the sense of what is need for it.
X.
Accountability:
In modern legal system accountability is a key requirement of good
governance. Not only governmental institutions but also the private sector and
civil society organizations must be accountable to the public and to their
institutional stakeholders. Who is accountable to who varies depending on
whether decisions or actions taken are internal or external to an organization
or institution. In general an organization or an institution is accountable to
those who will be affected by its decisions or actions. Accountability cannot
be enforced without transparency and the rule of law.
4. CONCLUSION:
Consequently we can say that, Modern legal system must entail in itself
impotent principles of good governance. It is pertinent to mention the
significance of governance and its link with legal systems and mechanism of
imparting justice. Governance is a method of management. Good governance
entails sound public sector management, accountability, transparency and
legal framework for development. The idea of good governance became
prominent in the end of 20th Century. This term was coined by World Bank.
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