...A. Object and Scope of the Study of Constitutional Law Constitutional Law in this concept more emphasis on objects which are the subject of studies in Constitutional Law itself. In connection with the definition of the Constitutional Law on the corner of the object of this study Van Vollenhoven (Netherlands) in his book "Staatrecht Over Zee" states: Constitutional Law is the law that governs all people, law-top to bottom, which in turn determines the area neighborhood people, determine ruling bodies, authorities and functions within the legal community. While Paul Scholten (Netherlands), in his book "Staatrecht, Algement Deel", defines that the Constitutional Law is a law that regulates the state organization or organizations of a country....
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...TAYLOR’S LAW SCHOOL BACHELOR OF LAWS CONSTITUTIONAL AND ADMINISTRATIVE LAW I 60504 WRITTEN ASSIGNMENT AUGUST 2014 Name of Candidate | : | TEY LI YING | Student Number | : | 0321795 | Intake Subject Code | : | LAW 60504 | No of Words | : | 2415 | Due Date | : | 17th OCTOBER 2014 | Date of Submission | : | 17th OCTOBER 2014 | Lecturer | : | DR. KUEK | CANDIDATE DECLARATION I hereby declare that the coursework produced herein is based on my original effort except for quotations and citations that have been duly acknowledged. This work or any part of it has not been previously or is not concurrently submitted for any other degree at Taylor’s University or any other institution. I also fully understand that in the event of any academic dishonesty on my part, I may be subjected to the strictest disciplinary action at the discretion of Taylor’s University Malaysia. _______________________ NAME : TEY LI YING STUDENT NO: 0321795 NRIC NO: 970628-60-5046 DATE: 17th OCTOBER 2014 ‘Indeed, an absolute separation would in practice be counterproductive in that it would prevent the abuse of power by preventing the exercise of power. Government could not operate if this were the case.’ Neil Parpworth, Constitutional & Administrative Law, (Oxford University Press, 2008) Discuss whether this statement is true in the UK. If it is, how does UK prevent the abuse of powers if there is no strict separation of powers between...
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...trial courts, or from intermediate-level appellate courts. However, not all highest courts are named as such. Civil law states do not tend to have singular highest courts. Additionally, the highest court in some jurisdictions is not named the "Supreme Court", for example, the High Court of Australia; this is because decisions by the High Court could formerly be appealed to the Privy Council. In a few places, the court named the "Supreme Court" is not in fact the highest court; examples include the New York Supreme Court, which is superseded by the New York Court of Appeals, and the former Supreme Court of Judicature of England and Wales. Some countries have multiple "supreme courts" whose respective jurisdictions have different geographical extents, or which are restricted to particular areas of law. In particular, countries with a federal system of government typically have both a federal supreme court, and supreme courts for each member state, with the former having jurisdiction over the latter only to the extent that the federal constitution extends federal law over state law. Jurisdictions with a civil law system often have a hierarchy of administrative courts separate from the ordinary courts, headed by a supreme administrative court as it the case in the Netherlands. A number of jurisdictions also follow the "Austrian" model of a separate constitutional court . Within the British Empire, the highest court within a colony was often...
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...LAW 443 ADMINISTRATIVE LAW I NATIONAL OPEN UNIVERSITY OF NIGERIA SCHOOL OF LAW COURSE CODE: Law 443 COURSE TITLE: Administrative Law I 1 LAW 443 ADMINISTRATIVE LAW I Course Code: Course Title: Course Developer/Writer: Administrative Law I Law 443 Simeon Igbinedion, LL.B., LL.M., B.L., PH.D., Faculty of Law, University of Lagos. Professor Animi Awah Ifidon Oyakhiromen, LL.B, LLM, M.Phil, Ph.D, BL Course Editor: AG. Dean,/Programme Leader: Course Coordinator: Mr. Ayodeji ige, LLM, BL 2 LAW 443 ADMINISTRATIVE LAW I COURSE GUIDE CONTENTS PAGE Introduction ……………………………………………………………………….. 1 What You Will Learn in this Course …………………………………………….... 2 Course Aims ………………………………………………………………………. 3 Course Objectives ………………………………………………………………… 3 Study Units ……………………………………………………………………….. 3-4 Tutor-marked Assignment ……………………………………………………....... 4 References/Further Reading ……………………………………………...……. 4 3 LAW 443 ADMINISTRATIVE LAW I Introduction Consider a situation where your residential property in which you have lived for decades has been demolished by the authorities of the FCT, or the Lagos State Ministry of Environment for allegedly being located in an industrial area. Suppose some customs officers at a checkpoint found you in possession of items which they claim to be contraband and, therefore, seized pursuant to the new Customs policy of zero-tolerance of goods likely to endanger the economic growth or contribute to the...
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...examples of laws that protect businesses and society. (Melvin, 2011) These are only two; there are several other laws that protect business and society. From traffic violations to unethical acts, there are laws for everything, at every level, federal, state, and local. As long as there have been people, there have been rules and regulations, known as laws. Laws are bills that are made by Congress, the legislative branch of government. From Congress, the bills are sent to the president, who determines whether to approve or veto the law. If the executive branch approves the law, it is sent to the judicial branch, where it is deemed constitutional and enforced. There are different types of laws; constitutional, statutory, administrative and common law. Constitutional laws are the foundation for all other laws in the United States. This type of law establishes a structure, grants specific powers, and produces procedural protections. Constitutional laws are different from other sources of law, primarily in terms of permanence and preemption. Permanence reflects the basic principles of a particular society and should be amended only in extraordinary cases and when majority of its constituents agree over a period of time. (Melvin, 2011) Preemption gives the constitutional laws supremacy over other sources of law, such as statutes. These laws exist at the federal and state level. Another type of law that affects business as well as society is statutory law. Statutory laws are created...
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...PUBLIC LAW V Bogdanor and S Vogenauer; Enacting a British Constitution: some problems’, 2008. One must understand that most of the countries now have a written and a codified Constitution, such as the United States of the America, Malaysia, India, Australia and etc. As we know these countries are under the British colonies before getting their independence. Hence now there are only three states in the world which lacks a written constitution, namely Britain, New Zealand, and Israel. A constitution is a set of rules which defines the structures and functions of a state, particularly, will define the principle of institutions, the legislature, the executive, judiciary and the nature and the scope of their powers. Moreover, Bradley and Ewing have defined a constitution as ‘ a document having special legal sanctity which sets out the framework and the principle functions of the organs of government within the state and declares the principles by which those organs must operate’. (A Bradley and K Ewing, Constitutional and Administrative Law (14th edn, Pearson/Longman, 2007), p.4) [1]In the introduction of a state’s constitution, there will be a discovery of a preamble, for example, in the USA the preamble states that: ‘We the people...do ordain and establish this Constitution’. (Article 2 of the 1936 Soviet Constitution.)[2] This shows the society as a sovereign power. An important question that often rises is “Should Britain adopts a written constitution”? This has always been...
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... Business Law Hazel G. Sturdebant OUTLINE PAPER TITLE: the common law tradition and sources of law I. THESIS STATEMENT: A. Common law is a legal system that is largely formed by the decisions previously made by courts and not imposed by legislatures or other government officials. The reasoning used to interpret this type of law is known as casuistry, or case-based reasoning. It is a strict, principle-based reasoning that uses the circumstances of a case to evaluate the laws that are applicable. Decisions that were made about similar cases are valuable, and the case in question is evaluated on the basis of past cases. The strength of the similarity among the cases, in turn, strengthens the reasoning based on them. B. The term "common law" also underlines the fact that this type of law did not originate from equity, maritime and other special branches of law. Statutes serve as brief explanations of law and therefore are not very explanatory. Codification is the process by which a statue is passed, expressed within a single document, so that it is understood within existing law rather than creating the need for new laws. C. The common-law system prevails in England, the United States, and other countries colonized by England. The common-law system is used in all the states of the United States except Louisiana, where French Civil Law combined with English Criminal Law to form a hybrid system. Anglo-American common law traces its roots...
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...Administrative organs in Kazakhstan. Table of Contents 1. Introduction 2. Legal System of Kazakhstan 2.1. Constitution of the Republic of Kazakhstan 2.2. Constitutional Laws 2.3. Codes 2.4. Other Normative Acts 3. State Order in the Republic of Kazakhstan 3.1. Presidency 3.2. Parliament 3.3. Government 3.4. Constitutional Council 3.5. Judicial Authority 3.6. Local Public Administration and Self-Administration 1. Introduction The Republic of Kazakhstan is a transcontinental country located in Central Asia and Eastern Europe. The territory covers 2, 7 million square kilometers and country is ranked as the 9th largest territory in the world. It is neighbored clockwise from the north by Russia, China, Kyrgyzstan, Uzbekistan, Turkmenistan and also borders on a significant part of the Caspian Sea. The population is approximately 17 million people, including Kazakh, Russian, Uyghur, Ukrainian, Uzbek, and Tatar. Approximately 63% of the population consists of Kazakhs. The capital city was Almaty up until 1997, when it was changed to Astana. The official state language is Kazakh. In state institutions and local self-governing bodies, Russian language is used on equal grounds with the Kazakh language. According to the 2009 census, 70.2% of the population is Sunni Muslims, followed by 20.6% Orthodox Christians, 0.1% Buddhists, 0.2% others (mostly Jews), and 2.8% non-believers. The Kazakh khanate was formed in the 15th century and had 3 tribal divisions...
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...policy decisions, another rule was that a reviewing court may not substitute it’s opinion for that of the administrative body, unless the official has acted mala fide or in bad faith. This is supported by case of Shidiack v Union Government , where it was held that, if the administrative organ has duly and honestly applied himself to the question which has been left to his discretion, it is impossible for the court of law either to make him change his mind or to substitute it’s conclusion for his own. It is true that for any government to function effectively, it must be bestowed with discretionary powers, discretionary powers involves the exercise of a choice between two or more options on the part of the decision maker. The exercise of these discretionary powers must be checked and controlled by other branches of government, but this was not the case in South Africa. In the past the only manner in which those powers could be controlled was common law basis, but as a result of a narrowly defined grounds of judicial review of government action and decisions, the system of Parliamentary supremacy allows the government to easily exclude the courts power of review via the so-called ouster clauses. The promulgation of the interim and the final constitution has brought about dramatic changes in the field of administrative law, specifically with regard to administrative actions. The changes brought by the interim constitution , with...
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...Insert Name: Insert Course Title: Insert Instructor’s Name: Date: ABSTRACT Administrative decision judicial review is the authority vested to review laws, court decisions, policies, or executive powers relevant to subjudice matters. The judicial reviews have been imposed in many states in search of equity and fair judgments. Judicial review has been made part of Australia’s legal process although there are no clear provisions in the constitution. According to Mark Tunshets,( Jones, Ian. The anisminic revolution in Australian administrative law: an analysis of extended jurisdictional error. Turramurra, N.S.W.: Local Legal, 1998. Print.) Judicial review in Australia has a lot of authority since it is only the high court that can interpret the constitution. Judicial review in Australia is complicated by clause 5 of the constitution. This clause provides that all the amendments done by the commonwealth parliament are binding to Australia. This is because the courts mandated to interpret the law must decide if the law is binding to Australia (Canberra, 2005). The chief justice Marshall asserted that judicial review is incredibly paramount in the Australian legal system(Fordham, Michael. Judicial review handbook. 5th ed. Oxford: Portland, OR :, 2008. Print.). In 1951, justice Fellugar proposed that the principle of Madison v. Marbury is adopted as axiomatic(Johnston, Richard E.. The effect of judicial review on federal-state relations in Australia, Canada, and the United States...
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...An Assignment On “The Constitutional bodies in Bangladesh” Course Name: Public Administration in Bangladesh Course Number: PA-123 Submitted to: Dr. Syeda Lasna Kabir Associate Professor, Department of Public Administration University of Dhaka. Submitted by: Mukarram Hussain 1st Year, 2nd Semester Session: 2011-2012 Roll: kj-059 Department of Public Administration University of Dhaka. Date of Submission: October 11, 2012 Introduction: Constitution is the supreme law of a country. Legislative, executive and judiciary are chief organs of the government. According to the theory of separation of power, check and balance between these organs is necessary. In democratic and constitutional system, each body can exercise its power within the boundaries set by the constitution and allows other organs to perform its work freely without interfering in others’ jurisdiction and without being interfered. To prevent the abuse of the state power, and to consolidate the rule of law, besides legislative, executive and judiciary, other constitutional organs are also envisioned in a constitution. Constitutional bodies in Bangladesh: There are some constitutional bodies in Bangladesh. Constitutional bodies are those offices or, persons their establishment, recruitment and retirement follow the rules of law of the constitution. The constitution of Bangladesh contains the provisions or articles defined the rules of establishment of those bodies and the recruitment...
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...in France France uses a civil law system; that is, law arises primarily from written statutes; judges are not to make law, but merely to interpret it (though the amount of judge interpretation in certain areas makes it equivalent to case law). The Conseil d'État sits in the Palais Royal Many fundamental principles of French Law were laid in the Napoleonic Codes. Basic principles of the rule of law were laid in the Napoleonic Code: laws can only address the future and not the past (ex post facto laws are prohibited); to be applicable, laws must have been officially published. In agreement with the principles of the Declaration of the Rights of Man and of the Citizen, the general rule is that of freedom, and law should only prohibit actions detrimental to society. As Guy Canivet, first president of the Court of Cassation, said about what should be the rule in French law: “Freedom is the rule, and its restriction is the exception; any restriction of Freedom must be provided for by Law and must follow the principles of necessity and proportionality”. That is, law may lay out prohibitions only if they are needed, and if the inconveniences caused by this restriction do not exceed the inconveniences that the prohibition is supposed to remedy. France does not recognize religious law, nor does it recognize religious beliefs as a motivation for the enactment of prohibitions. As a consequence, France has long had neither blasphemy laws nor sodomy laws (the latter being abolished in...
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...German Law system Public Law * Public law rules the relations between a citizen or private person and an official entity or between two official entities, e.g. a law which determines taxes * Public law was formerly based on the so-called "superiority inferiority relationship", means that a public authority may define what is to be done, without the approval of the citizen. * E.g., if the authority orders a citizen to pay taxes, the citizen has to pay, even without an agreement. * In return, the authority has to abide by the law and may only order, if empowered by a law. * The newer theory to determine, whether a regulation is public or civil law, is the modified theory of subjects: if at least one of the subjects is part of the state or is legally empowered to act on behalf of any part of the state. Constitutional law * The constitution is called the Grundgesetz (Basic Law) because the drafters saw this legal part as a provisional document, to be replaced by the constitution of a future united Germany. * In reaction to National Socialism, the basic law shows mistrust towards its own people and its own government and was created as a reaction to the problems of the Weimar Constitution. * The constitutional law (Verfassungsrecht) deals mostly with Germany’s constitution and the rights and duties of the various institutions. * A major part are the Civil rights which are first in the basic law (Grundgesetz) and from which everything...
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...March 3, 2010 TO: Senior Paralegal FROM: Shaimah Hoosein RE: Memorandum of Sources of Law You requested an explanation and example of how the law is derived from the four main sources of law namely statutory, administrative, constitutional and case law. Please take a moment to review my research. I hope this has met your expectations. Statutory Laws: Statutory laws are a set of written rules set down by the legislature. They are published in several forms by different publishers. Both the U.S Congress and the State legislatures enact these statutes either by bill or by joint resolution. Federal statutes take precedence over state statutes and state statutes over the common law. Statutory laws are inferior to constitutional laws and courts have to power to declare them unconstitutional. These laws are codified under titles describing areas of action to which they pertain to. If a statutory law needs to be cited in court, the official edition published by the Government Printing Office is used. A statutory citation has a volume number, the abbreviation “stat.” for Statutes at Large, and the page number where the law begins. For Example: Fla. Stat. § 776.013 (2009) § 776.013. Home protection; use of deadly force; presumption of fear of death or great bodily harm This statute was used in the case: State v. Smiley, 944 So. 2d 1027, 1028 (Fla. 4th DCA 2006). Case No. SC06-1237 Overview: In 2004, Mr. Smiley was charged with first-degree premeditated...
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...The Role and Functions of Law Since the beginning of recorded history, laws have played a significant role in the way society has chosen to govern itself. From Jewish and Roman law in biblical days to the constitution-bound laws of modern democracies, law has established rights and responsibilities for individual citizens and businesses that reflect the accepted ethics of society. Law is a “body of rules of actions or conducts prescribed by a controlling authority and having legal binding force” (Melvin, 2011). It serves to unite a diverse population of people under a common set of rules that regulate behavior and protect individuals and businesses from others who violate those rules. Laws also articulate the consequences of violating those rules, creating incentive for people to obey them even when they do not necessarily agree with them. American businesses and individuals are regulated through constitutional, statutory, common, and administrative law. This paper will give an overview of the functions of each as well as well as examples of the role of law in past personal employment experience. The United States Constitution, consisting of a preamble, seven articles, and 27 amendments, is the undisputed backbone of the American legal system. It specifies the structure and powers of the Federal Government, and provides individuals and businesses protection from harmful actions. Constitutional law specifies specific powers for the legislative, executive, and judicial branches...
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