Introduction to Legal Proces,
State, Government and Law 1. State
An entity can be regarded as a state if it satisfies the following essentials of statehood 1. Population 2. Territory 3. Government 4. Sovereignty or Supremacy
State can be unitary (only one govt. throughout the territory); federal(distribution of powers between central and state governments); monarchy(hereditary king as the ruler); republic(the head of the state is not a monarch but an elected person) etc. The ultimate aim of the state is the administration of justice. 2. Government
The agent or instrument of the state for the administration of justice. State is a larger body consisting of the entire population but government is smaller body consisting of few persons.
Organs or wings of government and their functions According to the doctrine of separation of power propounded by French scholar Montesque, government powers(law making, execution and adjudication) must be separated and must be vested in three different bodies; Legislature(law making); Executive(power to implement and execute laws); Judiciary(power to interpret and adjudicate). One shall not encroach into the field given to other. Montesque argued that if governmental powers are vested in a single body, it may result to arbiteriness. But in modern welfare state a strict separation of powers is not possible.
Organs of the Government Legislature | Executive | Judiciary | 1. To make LawThe products are called Act or Statute; Enacted law or Supreme Legislation.E.g.: Dowry Prohibition Act 1961; Right to information Act 2005; IT Act 2000. | 1. To Frame policyE.g.: Economic policy of socialism, Privatization, etc. Constitution of India mandates socialism. The govt. policy was also socialism. So legislature made act to regulate private persons.E.g.: Foreign exchange regulation Act 1973, Monopolies and Restrictive Practices Prevention Act 1969. But in 1991 Narasimha Rao Govt. adopted new economic policy (NEP); LPG
An entity can be regarded as a state if it satisfies the following essentials of statehood 1. Population 2. Territory 3. Government 4. Sovereignty or Supremacy
State can be unitary (only one govt. throughout the territory); federal(distribution of powers between central and state governments); monarchy(hereditary king as the ruler); republic(the head of the state is not a monarch but an elected person) etc. The ultimate aim of the state is the administration of justice. 2. Government
The agent or instrument of the state for the administration of justice. State is a larger body consisting of the entire population but government is smaller body consisting of few persons.
Organs or wings of government and their functions According to the doctrine of separation of power propounded by French scholar Montesque, government powers(law making, execution and adjudication) must be separated and must be vested in three different bodies; Legislature(law making); Executive(power to implement and execute laws); Judiciary(power to interpret and adjudicate). One shall not encroach into the field given to other. Montesque argued that if governmental powers are vested in a single body, it may result to arbiteriness. But in modern welfare state a strict separation of powers is not possible.
Organs of the Government Legislature | Executive | Judiciary | 1. To make LawThe products are called Act or Statute; Enacted law or Supreme Legislation.E.g.: Dowry Prohibition Act 1961; Right to information Act 2005; IT Act 2000. | 1. To Frame policyE.g.: Economic policy of socialism, Privatization, etc. Constitution of India mandates socialism. The govt. policy was also socialism. So legislature made act to regulate private persons.E.g.: Foreign exchange regulation Act 1973, Monopolies and Restrictive Practices Prevention Act 1969. But in 1991 Narasimha Rao Govt. adopted new economic policy (NEP); LPG