The rule of law is the application of laws consistently‚ without showing favouritism not authorized by said law‚ or otherwise deviating from it. The rule of law is often a criterion used in judging whether a country has good government or not. It is a principle that values procedural over substantive fairness. In some cases‚ for example‚ even when a defendant is known to be guilty‚ his case will be dismissed on the grounds that the government violated the law by gathering evidence in ways that violated
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LAWS OF MALAYSIA REPRINT Act 365 KIDNAPPING ACT 1961 Incorporating all amendments up to 1 January 2006 PUBLISHED BY THE COMMISSIONER OF LAW REVISION‚ MALAYSIA UNDER THE AUTHORITY OF THE REVISION OF LAWS ACT 1968 IN COLLABORATION WITH PERCETAKAN NASIONAL MALAYSIA BHD 2006 2 Laws of Malaysia ACT 365 KIDNAPPING ACT 1961 First enacted … … … … … … 1961 (Act No. 41 of 1961) & 1963 (Act No. 5 of 1963) 1989 (Act 365 w.e.f. 13 April 1989) Revised ... … … … … … … PREVIOUS
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Law Notes 1. Law: set of statutes and rules that individuals within a society are governed by and are compelled to follow Statute: law passed by government you must follow unlike a rule which you can’t be punished for 2. Jurisprudence: wisdom/knowledge/skill in law -- the science that deals with investigations of concepts‚ notions‚ and principles of legal thought. It enables us to explore origins of law and legal institutions. It also helps clarify the principles on which they were founded. It allows
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judiciary‚ and are carried out by Government. The legislature is the law-making body‚ and is comprised of the House of Commons and the House of Lords. The legislative function involves ‘the enactment of general rules determining the structure and powers of public authorities and regulating the conduct of citizens and private organisations. The executive is all the institutions and persons concerned with the implementation of the laws made by the legislature. It involves central and local government
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CONSTITUTIONAL CONCERNS FOR AGENCY ACTION/CONTROL 1) NONDELEGATION a) Look to when the statute in the question has really broad language/purposes b) Rule: Under the non-delegation doctrine‚ Congress cannot delegate its legislative power to an agency because the Constitution vests Congress with this power. i) But long as the Act from Congress gives the agency some “intelligible principle” that the agency must conform to‚ the delegation will survive. Whitman (agency cannot sure own non-delegation
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Substantive law is the statutory or written law that defines rights and duties‚ such as crimes and punishments (in the criminal law)‚ civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process. Substantive law stands in contrast to procedural law‚ which is the "machinery" for enforcing those rights and duties. Procedural law comprises the rules by which a court hears and determines what happens in civil or criminal proceedings
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CONSTITUTIONAL LAW 1 – CASES AND MATERIALS CONSTITUTIONAL LAW I CASES AND MATERIALS KHAGESH GAUTAM © KHAGESH GAUTAM | 2014 Page 1 of 610 CONSTITUTIONAL LAW 1 – CASES AND MATERIALS TABLE OF CONTENTS UNIT 1 – THE CONCEPT OF STATE (ARTICLE 12) ................................................................................... 5 RAJASTHAN STATE ELECTRICITY BOARD V. MOHAN LAL ............................................................. 5 R. D. SHETTY V. INT’L AIRPORT AUTHORITY
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Defining law is a problematic endeavour as it severs different functions‚ derives from different origins‚ signifies various things for different people‚ and effects everyone differently. Albeit of these factors‚ many have endeavored to do so‚ as law has such a prominent structure for all interactions. The changing nature of society means that there is an inherent change to law‚ “law must be stable; yet it cannot stand still” and‚ therefore‚ as something is constantly changing it derives and ever-changing
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Unjust Laws “One has a moral responsibility to disobey unjust laws” (MLK Jr). Everyone has the moral and ethical obligation to disobey unjust laws that are put in place. It comes down to one thing‚ whether the law is right or wrong. For most humans‚ the brain is fully developed by the age of 25 according to National Institute of Health‚ so the creators of laws are well aware of right and wrong. In his “Letter from Birmingham Jail” King writes‚ “A just law is a man made code that squares with
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A social structure is mandatory for the survival of humans. Man’s natural affinity for evil and conflict has been around since the dawn of time - until order was maintained through the introduction of laws. Without law‚ the integrity and stability of society would diminish completely. As a strong advocate of determinism‚ Thomas Hobbes believes that a strict government is the only way to social stability. Hobbes believed that a state of nature - one without a form of government - would essentially
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