By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered". Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system.
THE DOMINANT PARADIGM: THE “RULE OF LAW” More than two thousand years ago Aristoteles wrote: “The rule of law is better than the rule of any other individual”. Today, there is an evident dominance of the law (or legalist) paradigm in the contemporary, described by Bourdieu as the “force of law”. Both McEvoy (2007) and Nouwen and Werner (2015) convey that this drive is the benchmark for their ultimate analysis. The law as magnetic and seductive force shapes our political relation, our way of thinking and our behaviour, ultimately articulating our social world (Geertz). Law nurtures the longing humans feel for a life driven by solid principles in a rational and orderly way.
As mentioned as above, under rule of law everyone shall be fair and equal in front of law. One of the important element In Raz’s principle is the independence of judiciary has to be guaranteed. This showing the judicial independence is the fundamental structure of the idea rule of law. In case M v Home office, it implies that even though the individuals representing the executive, the courts still have power to grant remedies against a minister in his office capacity. The courts are armed with coercive powers exercisable in proceedings for contempt of
One of the basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive.
Hart's fixation for the external description of legal practice with no moral statements and his commitment to positivism created a loop in his analysis. Needless to say that, this debate is a representative example of how dialectics contribute in social sciences What we conclude in is that it rests upon the ever changing nature and character of society itself to synthesize and generate law; after all, law is always bound with societal features over time. We explicitly saw how law was perceived during the Justinian era and how its nature has changed over the years. Law, like societies, changes, evolves and improves as years go
For those focused to practice as an advocate in courts, moots can be helpful beyond imagination. An advocate needs to follow professional etiquette, dress up accordingly, follow court norms, and respect the law and judges. Mooting teaches the initial procedural requirements like the basic understanding of the legal fraternity, and getting an opportunity to present the matter before bench in moots is quite motivating for students. Many law schools in India have started giving special focus on moots after understanding there impact and need in law students
Consequently, it has customarily been accepted as the cornerstone of democracy and bedrock to fair trials in the English legal system. However, in recent years, as society has been constantly advancing, the legitimacy of having ordinary laypersons randomly sworn in to be sole arbiters of the facts of a case has been confronted. Hence, this gives rise to the issue of whether or not juries are fair.
Moreover, by studying the legal tradition the justice actors will understand the purpose and need of having it. The codification of civil legal tradition was based on rationality and ignorance of all other laws. Although, the civil law system is different than that civil law tradition, the civil law system was based on the traditions, which make the civil law tradition an important part of this new system. However, it is reasonable that due to the significant changes that occurred in altered periods of time our civil system will have some kind of differences with the old traditions. Afghanistan is a developing country which needs more years to develop its formal legal system all over the country.
Before Memory Fades... Fali S. Nariman Shri Fali S. Nariman is a senior advocate at the Supreme Court of India and is one of the most distinguished Constitutional lawyers in the Indian sub-continent. He has argued several leading cases. It would probably still be an understatement to say his birth and his entire life is an immense inspiration to young lawyers and people in general. ‘Before Memory Fades...’ is the name of the autobiography of Fali S. Nariman. The name of book itself can leave the reader very touched.
Law is an important component of any form of civilization. India being a huge country with diverse cultures and traditions has a very comprehensive but also very brief constitution in which the law is written. As India is very diverse, the framers of the law, also known as, the framers of the constitution have made sure that the laws are in the interest of all the citizens in India. The law in India has evolved over the years and has changed rapidly during the social reforms period and also during the freedom struggle of 1947. The legal system can be dated back to the early civilisations such as the Indus valley civilization and almost back to the Vedic ages.