Interest comparative method was essentially twofold: To compare two or more constitutions of various countries in order to find the basic principles of constitutional law; To compare a constitution that can be studied with another constitution or constitutions of other countries in order to understand more deeply the constitution were examined. In the book Prof. Jimly, he said that m ccording John AlderJohn Alder formulating the scope of constitutional law by asking a few key questions, which are :
THE NATURE OF LAW THE COMMAND THEORY OF LAW Hobbes had an interest in law and he variously wrote of law natural, divine, or eternal, civil, common and customary taking an interest in lawyers and their strong sense of autonomy and standing. There are even occasions which he seems superficially, to mean by law the whole range of the humanly conventional and the socially contingent of which formal laws are a subset. Predominantly, however, Hobbes is regarded as a legal positivist and as a command theorist that is, one who thought that law is a matter of command and enforcement. Yet he did not hold that any enforceable command such as ‘your money or your life’ was a law. Enforcement had to come from an authoritative command.
Dworkin’s argument for legal paternalism, however, uses Mill’s argument against him, and ultimately proves to be the stronger principle to justify law. I believe legal paternalism is the only principle that may justify laws, and it will be explained why by showing how Mill’s own views allow for legal paternalism, how Dworkin perseveres freedom through interference, and how there are functions in place to minimize paternalistic interference. However, we must begin by defining what these two philosophies are. First, the harm principle will be explained. Mill himself writes it as being, “… the sole end for which mankind are warranted, individually or collectively, in interfering with the liberty of action of any of their number, is self-protection.
In the West, this right is given legitimate and good premise, yet in this entry it is related to truth, and furnished with an ontological and accordingly considerably all the more firm premise, by being established in an is-ness instead of a should ness. A second case which exhibits the congeniality of Hinduism to human rights is given by the Taittiriya Upanishad, in which Sankara remarks on what constitutes the uniqueness of people in correlation with different manifestations of life. Sankara keeps up that an individual varies from say, creatures, in that he has the limit for learning (Jnana) and activity (Kriya). To sum things up, the uniqueness of an individual comprises in his or her being an ethical
Equity Definition of equity: Equity is a specific set of strict legal principles devised and managed by the Court of Chancery to complement the rules and procedures of the common law. It is available to people who found no impartiality in the common law courts. Equity was intended to establish the truth of the matter and also to levy an unbiased solution. When existing laws do not provide a solution, equity will help obtain a fair result. Maxims of equity: The maxims of equity may be described as a set of general principles, which are said to rule the way in which equity works.
On the basic conception, theorists erected various structures, some writers adopting the view that international law derived its binding force from the fact that it was a mere application to a particular circumstances of the ‘law of nature’. In other words, states submitted to international law because their regulations were guided by the higher law- the ‘law of nature’, of which international law but a part. The concept of the ‘law of nature’ underwent further specialisation in the eighteenth century. The later refinements can be seen in the following passage from Vattel’s, Droit des Gens (1758)
It is worth noting that Hinduism, the major religion of India stressed more on community living than the western modern concept of Individualism. In Hinduism, an invisible ‘Atman’ formed the basis of all discussions. The Vedas, considered to be the essence of the universe of knowledge says “Ajyesthaaso Akanisthaasa Yete, Sam Bhraataro Vaavrudhuh Soubhagaya” - No one is superior or inferior; all are brothers; all should strive for the interest of all and progress collectively. This clearly shows that the concept of community living was more prominent. Also the caste system which was primarily not meant to be based on birth took the liberty of profession from a majority of population.
The Courts are playing the creative role in order to protect the relations of the growth and development of administrative law. The scope of Judicial Review and the domain of the courts are handful, where it looks for the specific issues to give shape to the principles by which the administrative functioning can be regulated. DOCTRINE OF PUBLIC
The Indian theory of secularism is one of equal respect to all religions. This means that while the Indian State is secular, it is not irreligious, and maintains a principled distance from all religious groups. Looked at another way, the antonym of “secular” in Indian society is not “religious” but is “communal”. The three strands of religious freedom, celebratory neutrality and reformatory justice are the core elements of Indian secularism. The idea of social reform is deeply entrenched in Indian society, and the separation between state and religion is not enough to secure this end.
Well I think it is. Apart from that there were also the doctrine of separation of powers we had here in Malaysia to keep the country 's administration at the best state. So in this essay, I will be talking about the Common law and equity, syaria law and as well as the doctrine of the separation of powers. First of all I am going to talk about the practice of common law in Malaysia which was introduced originally to the Straits Settlements through the Royal Charters of Justice. Then the application was extended to