5. TYPES OF LAWLaw are classified i

5. TYPES OF LAW
Law are classified into different categories depending on its source, nature, usage and function. Aristotle, John Locke and Thomas Hobbes have spoken of natural law and its rule in the functioning of the state. They say that natural laws are those that can not be destroyed by any authority. Natural laws have been created by nature itself. These laws exists above and beyond the law of the state.
We will study about the political law. Political laws are the laws which exist within states and between states. Political laws may be divided into National law and International law.






National law international law

Constitutional law Ordinary law

Private law public law

Administrative law General law


1. International law: It regulation the relation between the states. It lays down the rules of behavior of one nation state with another. It is not the creation of any sovereign law making body. The states voluntarial accept this law. No state can be forced to obey international law. It is only the moral binding which makes them accept and obey the law. This is because in contemporary world politics each nation state is sovereign. International law can only request but not compel. It is entirely up to the govemment of nation states to dicide whether the law will be followed or not. In the evevnt that it is not followed no international body can penalize the nation state.

2. National law:
Natioal law is created by the state. It govems the relation of the individual with the states, as as well as relation of the individual with other individuals. It is uniformly applicable to all individuals and associations. It is compulsory for all. Force is the sanction behind national law. Anybody disobeying the national law is punished. National law is created by the Legislature. Implemented by the Executive and interpreted by the judiciary. Hence it is backed by the state, and security. Individuals are expected to know the laws of the state. They can not plead ignorance about it.

3. Constitutional law:
National law is further classified into constitutional law and ordinary law. Constitutional law flows from the constitution of the state. It is the basic and fundamental law of land. It determines the structure, functions of the state, nature and scope of govemmental authority, fundament rights and duties of the citizens. The govemment derives its authority from the constitutional law. It may be enacted or evolved. It may be written or unwritten e.g. It is written in India. USA and unwritten in England.

4. Ordinary Law:
Ordinary law is also a branch of national law. It is also known as statutory law. It is passed by the state legislature. It is subordinate to consitutionak law. It is prepared as per the necessity; generally it is prepared keeping in mind the basic principles of the constitution. It govems the relationship between the people and the govemment. It is divided into private law and public law.

5. Private law :
It govems the relationship between individuals e.g. marriage, divorce laws.
6. Public law:
It includes all laws that govem the interaction of one citizen with another in the public sphere or the interaction of a citizen with a public entity such as employers and business houses. It deals with the structure and functions of the state. It defines the relationship of the state with its citizens. The individual has to obey public laws.
7. Administrative law:
It deals with the relationship between the state and its official. It comprises those laws that regulate the relationship between govemmnent officials and the state. It decides the powers and responsibilities of govemment employees, cases against govemment employees are run i the administrative courts and judgments are given as per administrative law.
8. General law:
It deals with the relationship between the private citizens and the state. These laws are classified on the basic of their source or the manner in which they are prepared. Thus they are:
1. Constitutional law
2. Common law
3. Statute law
4. Ordinance
5. Case law
6. Administrative law
7. Initiative
8. International law
Out of these we have already studied constitutional law, statute law, administrative law and international law.
Common law: these laws are derived from customs, traditions, usages ect. It evolves over a period of time. Many times there is no formal documentation of common laws e.g. In England.
Ordinance: it is issued by highest executive authority e.g. In India the President can issue an ordinance, in case of emergency. When the Parliament is not in session. It lasts for six months.
Initiative: these laws are proposed or initiated by the electorate. It is the sign of a mature and enlightened citizen. The democracy can be said to be really meaningful in such a state.

Kết quả (Anh) 1:

5. TYPES OF LAWLaw are classified into different categories depending on its source, nature, usage and function. Aristotle, John Locke and Thomas Hobbes have spoken of natural law and its rule in the functioning of the state. They say that natural laws are those that can not be destroyed by any authority. Natural laws have been created by nature itself. These laws exists above and beyond the law of the state.We will study about the political law. Political laws are the laws which exist within states and between states. Political laws may be divided into National law and International law. National law international law Constitutional law, Ordinary law Private law, public law Administrative law General law1. International law: It regulation the relation between the states. It lays down the rules of behavior of one nation state with another. It is not the creation of any sovereign law making body. Voluntarial the states accept this law. No state can be forced to obey international law. It is only the moral binding which makes them accept and obey the law. This is because in contemporary world politics each nation state is sovereign. International law can only request but not compel. It is entirely up to the govemment of nation states to dicide whether the law will be followed or not. In the evevnt that it is not followed no international body can penalize the nation state.2. the National law:Natioal law is created by the state. It govems the relation of the individual with the states, as as well as relation of the individual with other individuals. It is uniformly applicable to all individuals and associations. It is compulsory for all. Force is the sanction behind national law. Anybody disobeying the national law is punished. National law is created by the Legislature. Implemented by the Executive and interpreted by the judiciary. Hence it is backed by the state, and security. Individuals are expected to know the laws of the state. They can not plead ignorance about it.3. Constitutional law: National law is further classified into ordinary law and constitutional law. Federal Constitutional law flows from the constitution of the state. It is the basic and fundamental law of the land. It determines the structure, the functions of the state, the nature and scope of govemmental fundament rights and authority, duties of the citizens. The govemment derives its authority from the Federal constitutional law. It may be enacted or evolved. It may be written or unwritten e.g. It is written in India. USA and unwritten in England.4. Ordinary Law:Ordinary law is also a branch of national law. It is also known as statutory law. It is passed by the state legislature. It is subordinate to consitutionak law. It is prepared as per the necessity; generally it is prepared keeping in mind the basic principles of the constitution. It govems the relationship between the people and the govemment. It is divided into private law and public law.5. Private law:It govems the relationship between individuals e.g. marriage, divorce laws.6. Public law:It includes all laws that govem the interaction of one citizen with another in the public sphere or the interaction of a citizen with a public entity such as employers and business houses. It deals with the structure and functions of the state. It defines the relationship of the state with its citizens. The individual has to obey public laws.7. Administrative law:It deals with the relationship between the state and its official. It comprises those laws that regulate the relationship between govemmnent officials and the state. It decides the powers and responsibilities of govemment employees, cases against govemment employees are run the administrative courts and judgments are given as per administrative law.8. General law: It deals with the relationship between the private citizens and the state. These laws are classified on the basic of their source or the manner in which they are prepared. Thus they are:1. Constitutional law2. Common law3. Statute law4. The Ordinance5. Case law6. Administrative law7. the Initiative8. International lawOut of these we have already studied constitutional law, statute law, administrative law and international law.Common law: these laws are derived from customs, traditions, usages ect. It evolves over a period of time. Many times there is no formal documentation of common laws e.g. In England.Ordinance: it is issued by highest executive authority e.g. In India the President can issue an ordinance, in case of emergency. When the Parliament is not in session. It lasts for six months.Initiative: these laws are proposed or initiated by the electorate. It is the sign of a mature and enlightened citizen. The democracy can be said to be really meaningful in such a state.