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Constitutional law is Supreme law of the country

Constitutional law is Supreme law of the country. It is considered the grund norm,
 All others in the country must conform to the provisions of the constitutions. Constitutional
 law determines the nature of the state and structure of the Government.

The Indian Constitution is a very comprehensive document with about 450 Articles and 12 Schedules. Wherever a provision of the  Constitution is breached the wronged party can approach
the High Court under Article 226 or in appropriate cases the Supreme Court under Article 32 by way of the Writ Petition. The High Court can adjudicate in cases where the fundamental right is violated. Further the Supreme Court has, under Article 262 exclusive jurisdiction to adjudicate disputes relating to waters of inter-state

a written Constitutional law

The distribution of powers and functions among the three wings, namely,

1,The Executive, 2,The Legislature and 3,The Judiciary.

The Source of a written Constitutional  law is the constituent Assembly itself and there is no ambiquity about its time of making the constitution or about the process of making the same,The constituent Assembly consists of the representative of the people and after exhaustive deliberations, the Indian Constitution has been adopted, enacted and given to the people, In contrast, the evolution of the British Constitution which is an unwritten Constitution is a well ripened fruit of wise delay. It  took centuries to evolve commencing with the Magna Carta,1215 and over the years its evolution has been steady , healthy and illustrious. Various conventions from the Constitutional law of England. It is marvel that without there being a written Constitution the State in England is functioning based only on conventions which are honoured as if they  are written laws.

Constitutional Law is of two types.

Constitutional Law is of two types.

1.It is sometimes written and
2.sometimes unwritten and governed by conventions.


The Indian constitutional law is a written Law. very detailed in its scope.

Constitutional Law

Constitutional Law

Constitutional Law ::---- The Constitutional Law  is the mother of all laws of the land.

It has two main purposes:---

First:- to fix the distribution of powers and functions amongst  the various institutions

which toghether make uo that organisation known as the  State consisting of te executive,

the legislature and the judiciary.

Seciond:--- to define the rights and duties of each against or towards the citizen.

Constitutional law is of two types. It is sometimes written and It is sometimes unwritten 

and governed by the conventions.

The Indian Constitutional law is written law,very detailed in its Scope,very clear in its distribution of powers and functions among the three wings, namely ,the Executive,

the Legislature and the  Judiciary.

Statute

Statute:-----

What is statute?

A statute can be defined as a will of the legislature. The legislature as the representative 

of the nation or the people of a State. The Indian Statute is on act of Central Legislature 

or of a state Legislature.The statute includes Acts passed by the Imperial or provincial  

legislatures in pre-independence days as well as Regulations.

International Law and Municipal Law

1.International Law and Municipal Law,

International Law:- it can be divided into two classes:
a).Public International law,
b).Private  International law.

2.Municipal Law:--

a) Private Law and public Law


Private Law:--It regulates and governs the relatios of the citizwen s with one another, InPrivate law, the parties in a case may be natural persons or artificial persons. The state meely acts as arbiter through its courts. Private Laws are:- The laws of property, contracts, companies, torts,trusts etc...


Public Law:---

Public law regulates the relations between the state and private individuals. It deals with rights and obligations of the state towards its citizens and Vice Versa.

Public law is divided into three classes.

1).  Constitutiional Law,

2). Administrative Law,

3). Criminal Law.

Kinds of Law

Kinds of Law

Classification of law is necessary of good and better understanding in a systematic way.classification makes clear and the relation between different rules and their effect on each other. It can help a lawyer in identifying and understanding law.the law ha been classified defferently from time to time.but the law needs a new classification in every age as it keepson changing in law.sometimes distinction between various kinds of laws becomes unclear. However Still classification is useful as an instrument of  understanding and applying laws correctly. so the existing law can be classified in this manner.

1.    International law and Municipal law,

2.    Private law and Public law,

3.    General law, and Special law,

4.    Substantive law and Procedural law,

5.    Antecedent and  Remedial law,

6.    Law in rem and Law in personam.

Secondary Sources of Law

Secondary Sources of Law

It is well known that there are two types of  material sources of law are called 

as "primary Sources  of Law" and "Secondary sources of Law".

Where it is expressed  that information in the form of Analysis,interpretation and

commentaries on primary sources can be found. So from now onwards  we refer 

the sources of law as primary and secondary sources of law.

Secondary Sources of law:---Secondary sources are essentially writings or commentaries

about the law found in primary sources. Secondary sources include legal encyclopedia,

legal treatises,law articles, scholarly works, books by eminent jurists etc. 

Judicial decisions become precedents

Judicial decisions become precedents:----

When the court decides more and more cases, it gives identical decisions in those cases

 having similar facts.These judicial decisions become precedents for subsequent cases

 similar nature.and the judge has to bound to deliver his decision if the facts of the

 two cases are similar in nature, or identical,the discretion of the judge disappears

 and he has to act according to the precedent on the  subject.

Primary Sources of Law

Primary Sources of Law:------


Sources of law are varied and advocates has  to tap all sources to get at the legal position. The following are the six primary sources from which law emanates:

1.     The Constitutional Law,

2.     The Statutory Law,

3.      The Judicial Precedents,

4.       The Conventional Law including Private International Law,

5.       The Justice,equity and good conscience.

6.       International Law.




Common Law principle is that "Ignorance of law is no excuse"   Nobody can plead that he had no knowledge of law when a violation is committed by him.

Nature of Law

Some confusion in the definition of law. is due to the different types of purposes sought to be

achieved by it..

T.Arnold :---- Says that Law can never be defined.

Prof.H.L.A.Hart  Writes :----"few questions concerning human society have been asked with such

persistence and answered by serious thinkers in so many diverse, strained and even paradoxical ways

as the question "What is Law"

Use of Latin Phrases and maxims in Judicial Process

Use of Latin Phrases and maxims in Judicial Process   :----

In  this modern culture  at  present  Latin  vocabulary can be considered a dead language all over 

the world.Except in Vatican (Rome), no where , Latin language is in vogue as a general language 

used by the people. but Unfortunately, in the field of law all over the world use latin phrases like

"Prima Facie", "Sine die". "in terrorem" and latin maxims like "res ipse loquitar" ( the thing speaks 

for itself) and " Audi alterm Paterm"(no man shall be condemned unheard) and many more. These 

Latin phrases and maxims can't be understood by the litigants. But unfortunately the interest of the 

litigants is not all considered while these high sounding phrases and maxims. Even though  in the 

Judiciary the Litin words (these high sounding phrases and maxims) are used by the Bench and 

Bar.regularly. 

Article143 is invoked

         Where the Article143 is invoked:-----it may be stated that Where the president invokes Article of the 

Constitution and  and obtains the opinion of the Supreme court on any matter, the advisory opinion

 is referred to as  for exmple, :In Re.Telangana Education Bill""

In Re means in regard to, or in the matter of, is used where there are no contesting parties 

and the  court gives its judgement/opinion.

Solicitors and Barristers

 
       There are no short cuts to success in life,  in Legal profession there should be much plaints and

 written statements.

       Solicitors and Barristers:- In England, the legal profession is divided into Solicitors  and Barristers.

            The job  of the solicitors is essentially to draft deeds of conveyance and also to prepare a case 

like.......drafting of affidavits, pleadings etc.,  to be filed in the court and brief the barrister. Thus, the 

solicitor does desk work and gives complete assistance to the barrister. The job of the barrister is to 

go to the court and argue the case.

God of Law

Ratio Decidendi and Obiter Dicta

Ratio Decidendi and Obiter Dicta = meaning of :--

Every decission,Jurisprudentially,consists of two parts.

Ratio Decidendi:---   The principle on which a case is decided is called ratio decidendi.

 Obiter Dicta :---An obiter dicta is an expression of opinion on  a point which is not necessary for the decision of a case.

Lex mercatoria

Lex mercatoria  it is originally from the Latin word "merchant law" meaning is  that the body of commercial law used by merchants throughout Europe during the medieval period. It evolved similar to Englishcommon law as a system of custom and best practice, which was enforced through a system of merchant courts along the main trade routes. It functioned as the international law of commerce. It emphasised contractual freedom and alienability of property, while shunning legal technicalities and deciding cases ex aequo et bono. A distinct feature was the reliance by merchants on a legal system developed and administered by them. States or local authorities seldom interfered, and did not interfere a lot in internal domestic trade. Under lex mercatoria trade flourished and states took in large amounts of taxation.