A general rule of external human action

enacted and enforced by a sovereign

legitimate authority.
the aspect which employs the force of
organized society to regulate individual and
group conduct and to prevent redress or
punish deviations from prescribed social
norms.

1.
2.
3.

4.

Normative elementstandard setting ( to

improve behavior)
Regularitymeant for universal
application
Administrative elementcourts will
objectively apply and administer these
sets of conduct
Element of legitimacyenforcement by a
recognized legal authority.

1.
2.

3.

4.
5.

Custom- raw material for many laws

Religion-many governments use religions
as a source of law
Adjudication-judge-made law from by
creating or interpreting new law
Jurists-writing of a great jurists
Legislation-legislature enacts law.

National law- passed by the government.

Constitutional and general laws

1.

General laws1. public law(deals with

human behavior for protection and
preservation of interest) . Public lawsgeneral
and administrative law

2.

General public laws state relation to its citizen

(civil and criminal)

2. private laws (deals with duties and

obligation of individual and others) e.g law of
contract, law of torts.

International law

Laws passed by a legitimate sovereign

authority and are applied within the
jurisdiction of that authority.
Both constitutional and general.
Constitutional laws are written in the
constitution.
General laws are passed by the legislature.

Public laws are those legal principles which

govern the relations of citizens with the
state. They are of two types: civil and
criminal.
Private laws are those legal principles
concerning the legal rights, duties and
obligations of individuals. Laws governing
the relations of citizens among themselves.

Some laws passed by the legislature are not

detailed.
Administrative officials interpret these laws,
and suit them for specific situations.

A system of law containing principles,

customs, standards and rules by which
relations among states an d other
international persons are governed.
Standard of conduct for nation states
Basis of legitimacy: consent.
Principal sources: Customs, Treaties,
General principles of law, and Judicial
decisions, Diplomats and statesmen, Roman
law and works of eminent writers

Originated in Britain.
Three features:

1. Case law: individual legal decisions, not

comprehensive code of statutes.
2. Made by judicial decisions; has flexibility.
3. Stare decisis: precedents.

Comprehensive legal system by Roman.

Importance is on letter, not spirit of the law.
Facts of disputes are analyzed on principle,
not prior interpretations [no stare decisis].
Based on reason, logic and legal expertise
Disputes are analyzed based on principles
not through reference to prior
interpretation.
Contribution of the French legal system.

Laws are derived from writings of Marx,

Lenin, Mao.
Biggest crime: challenging the regime.
Lawyers also tied to Communist Party.
Law enforcement and legal scholarship are
controlled by the party.

Shari`ah. Laws based on the Quran,

Sunnah, Ijma` and Qiyas. Also Istihsan
[juristic preference], Istislah [public good],
Istishab [continuance], `Urf [customs].
Although considered central to Islamic
governance, no one state is implementing it
in full.

Many states in the Third World blend their

customs, procedures, and codes with the
European or Islamic legal systems.

Court system varies. But all court systems

are organized on ascending scale.
Structures of court differ. Germany
[civil/criminal; administrative;
constitutional], U.S. [state; federal;
Supreme], Britain, France [civil; criminal,
appeal] Malaysia ; Federal court; court of
appeal; high court; session court,
magistrate court; penghulu court /native
court)
Appointment of judges: Selection from
among barristers; Career structure;
Elections; Appointed by government.

1.

2.
3.

4.
5.
6.

Establishing facts-determine the fact and

to deduce the truth by considering various
evidences.
Interpreting laws-the duty of the judge to
interpret the law
Creating laws-court has to decide the
nature, scope and meaning due to changing
conditions.
Upholding the Constitution
Preventing infraction of law-restraining
order
Judicial review: court has power to declare
any act of the legislature and executive are null
and void

1.

The fundamental condition of Rule of Law.

It means the freedom and independence
of judges in discharging their duties.
Steps to maintain independence of
judiciary:
Appointment of judges.
Based on merit. The most common is
appointment by the executive. This
method is likely to be independent of
popular influence or political
considerations.

2.

3.

Judicial tenure
Judges must have security of tenure.
Tenure must not depend on the pleasure of
a person or agency.
Promotion
Must be based on merit and seniority.

4.

5.

Salaries
Must be adequate. To prevent
corruption or bribery. Benefits should
not be altered to their disadvantage
during the tenure of office.
Non-interference of the Executive
Will of judges should not be bound by
the executive; rather the executive
should be accountable to judiciary.

Qada, independent of the executive, is to

adjudicate in strict accordance with the
Shari`ah.
Functions include settlement of disputes,
prevention of wrongful acts, issuing of
declaratory judgments, [and judicial
review].