,Law, in common parlance connotes , a rule or regulation intended to establish an order in a society.. The corresponding term used in Latin is LEX The significance of this meaning can be better understood by posing a question viz., . whether one would like to drive safely as per the traffic rules or otherwise. The answer is obvious.
All countries in the world have for themselves a Constitution, being the primary law of that land, which not only provides the manner in which the political system of that country will be drawn but also provides for 'making of other laws' to meet the needs of the people. The primary law is available as a TEXT OF THE CONSTITUTION while the other 'Laws' would be called as Law, enactment Statute,or Act. In otherwords, Other laws would be enacted based on the primary Law and hence Other laws should not be ultravires the primary law Other laws would be variants in nature since the subject matter for each law would also vary and each such law would have been made with a purpose based on expediencies. Hence if a dispute or difference arises on a subject matter the relevant law is to be taken recourse to and the rights and duties set out in that law would find its application. It is only in this context the Courts of Law apply the particular law and hands out Judgments, of course ,based on the nature and circumstances of the case. It may be pointed out at this juncture that the decions given by the Superior courts of Law would create a binding effect on all the courts below it. Such binding decisions also become Law, known as Judge-made Law although in the stricter sense of the term Courts of Law cannot make a 'Law' since such duty will be cast on the Parliament or the Legislature by the primary Law. Whatever name by whcih a Law may be called, obedience to law is essential for the establishment of good society. Therefore, Law as a precept will be available in every country in various dimensions and the obedience or the breach thereof lies in the practice of the society at large.
All countries in the world have for themselves a Constitution, being the primary law of that land, which not only provides the manner in which the political system of that country will be drawn but also provides for 'making of other laws' to meet the needs of the people. The primary law is available as a TEXT OF THE CONSTITUTION while the other 'Laws' would be called as Law, enactment Statute,or Act. In otherwords, Other laws would be enacted based on the primary Law and hence Other laws should not be ultravires the primary law Other laws would be variants in nature since the subject matter for each law would also vary and each such law would have been made with a purpose based on expediencies. Hence if a dispute or difference arises on a subject matter the relevant law is to be taken recourse to and the rights and duties set out in that law would find its application. It is only in this context the Courts of Law apply the particular law and hands out Judgments, of course ,based on the nature and circumstances of the case. It may be pointed out at this juncture that the decions given by the Superior courts of Law would create a binding effect on all the courts below it. Such binding decisions also become Law, known as Judge-made Law although in the stricter sense of the term Courts of Law cannot make a 'Law' since such duty will be cast on the Parliament or the Legislature by the primary Law. Whatever name by whcih a Law may be called, obedience to law is essential for the establishment of good society. Therefore, Law as a precept will be available in every country in various dimensions and the obedience or the breach thereof lies in the practice of the society at large.
No comments:
Post a Comment