LAW. KINDS OF LAW
Kinds of law.
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1. National or Municipal law.
Political or positive laws made by the state are called national law also called municipal law. All kinds of laws except international law are included in it. It is further divided into Constitutional Law and Ordinary Law. Constitutional law is the body of laws which determines and regulates the powers and functions of the various organs of state, the relations between the governor and the governed and their rights. these may be written or unwritten.
2. Ordinary law. All national laws, which are not constitutional laws, are included in ordinary law. The state is both the child and the parent of law. It is the child of constitutional law and the parent of ordinary law. Ordinary law defines and regulates the relations between private citizens or between a citizen and a public body. Courts recognize only ordinary law and enforce it in their decisions. It is divided into Public and Private law. Public Law includes all the laws that regulate the relations between the state and its depts. It protects the rights of the citizens against the state. It is divided into Administrative and General Law. Administrative law or Droit Administratif in some states like France there are special laws and courts to try the offences of the state officials, which they have committed in the discharge of their official duties. General Law determines the relations of private citizens to the state. It is further divided into Criminal law and Criminal Procedure. Private law regulates the relations between private citizens. It defines their rights and duties. The state creates this law and guarantees life, property and honour of its citizens. Private law consists of civil law and its various branches, like the law of inheritance, transfer of property, contract, torts, civil procedure, etc. laws can also be classified according to their contents or rights. Law create, define and describe rights are called Substantive laws, Criminal and Civil laws. Laws, which provide a method of protecting rights, are called Procedural or Adjective Laws such as Criminal and Civil Procedure Codes.
3. Criminal law and procedure. The state maintain peace and order as its primary duty and function, any attack on the life, liberty and property of any citizen is regarded by state as an attack on itself. Such an attack or violation of rights of the citizens is called an offence or crime against the state. The laws, which prohibit such violations of peace and order and punish the crimes and offences, constitute the Criminal law. The method by which the state brings the offenders to book is called the criminal procedure.
Civil law and procedure. Civil law describe and protects the civil rights, e,g. regarding property, debts, inheritance. Civil procedure lays down the method or procedure by which civil rights can be protected by the state.
Statute laws are enacted by legislature. Ordinance. Temporary injunctions issued by the executive for dealing with some emergency are known as ordinance. In Britain executive also issues another kind of laws called the Orders-in-Councils.
4. International law. International law regulates inter-state dealings. It is body of principles and rules recognized as binding by the civilized states in their relations with one another.
Sources of International law. Treatise. International conference. Customs. Judgement of international tribunals.
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