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Chapter: 11th Political Science : Basic Concepts of Political Science Part II

Are you aware of the classification of Laws?

The relationship of citizens and the regulation of relations among one another are determined by private laws.

Are you aware of the classification of Laws?


i. Private laws

The relationship of citizens and the regulation of relations among one another are determined by private laws.


i.             Public laws

The laws that determine the relation of citizens to the state are public laws. Public law perceives state as an arbiter as well as one of the parties interested in it.




ii.           Constitutional laws

The common law differs from statutory law because it is mainly based on precedent. Statutory law is a more formal body of the legal system that consists of written legislation. This legislation will mainly be based on rules and regulations either mandating or prohibiting certain behaviors of the general public. Common law, on the other hand, will allow judges to decide cases based on the rulings of prior cases with similar circumstances.

Constitutional laws are the basic laws according to which the government in a state conducts itself. The laws that define interpret and regulate the functions of the government are known as constituteional laws. For example, the election of President, the powers and functions of the Supreme court and method of the appointment of the governor are constitutional affairs. The laws which are not related to the forms and functions of the government and to the fundamental rights but are related to the social and economic affairs of all citizens are known as ordinary laws. For example, the abolition of child marriage and prohibition etc come under ordinary laws.


iii.        Statute Laws

Statute laws are the laws which are framed by the Legislative Assembly or by the Parliament. Democratic Government being popular in most of the countries, the laws of those government are framed mostly by the Parliaments in those countries.


v. Ordinances

Ordinances are generally issued by the executive branch of the government as per the law of the state. Ordinances are temporary by nature and are issued by the President in the absence of parliament, especially to face the emergency.

vi. Common Laws

Common laws are those laws which rest on customs but are enforced by the courts like statute law. Common laws are popular in England.


vii. Administrative Laws

The office and responsibilities of government servants are interpreted and governed by Administrative law. It is the Administrative law that enable the public officers to separate law and procedure from private individuals. These laws also make an attempt to interpret the privileges of government officials. Administrative laws are not popular in England, U.S.A. and India. They are popular in France and a few countries of Europe. For example, When any dispute arises between a citizen and government servant the administrative court resolves the issue with administrative laws.




viii. International Laws

The rule that determine the conduct of the civilized states in their relation with other states in international arena is otherwise called International law. There are no such framed laws that govern international relations but backed by public opinion and the rule of UNO as an international body matters for any nation to enjoy its sovereign status. There are also laws such as Sea law, where there are International borders and as well Air law that demands aircraft of other nation to fly with permission of respective nations.

 

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11th Political Science : Basic Concepts of Political Science Part II : Are you aware of the classification of Laws? |


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