Policy, Law and Legal
Systems
There are three major legal systems in the
world today which consist of:
• civil law,
• common law and
• religious law.
However, every country i.e. state law often
develops variations on each system or
incorporates many other features into the
existing legal system in the country.
Classification of the law
• Public law
– regulates the interaction of citizens with the state
(e.g. criminal law, constitutional law,
administrative law)
• Civil/Private law
– regulates the relationship between individuals
within a state (e.g. contract law, tort law, property
law)
EXAMPLES
Public law Private law
• administrative law • banking law
• company law • company law (some)
• constitutional law • contract law
• criminal law • equity law
• industrial law • family law
• taxation and revenue law• property law
• trade practices law • succession law
• tort law
• trust law
Civil Law-
Continental European law
• Civil law-aimed to
compensate plaintiff on
damages done by
someone-is the most
widespread system of
law in the world.
• The central source of
law that is recognized
as authoritative are
codifications in a
constitution or statute
passed by legislature.
Common Law-
Anglo-American
• Common law and equity are
systems of law whose sources
are the decisions in cases by
judges.
• Common law is law developed by
judges through decisions of
courts and similar tribunals (also
called case law).
• Alongside, every system will
have a legislature that passes
new laws and statutes.
Religious Law-
Laws in Scriptures
• Religious law refers to the
notion of a religious system or
document being used as a
legal source.
• The main kinds of religious law
are Sharia in Islam, Halakha
in Judaism, and canon law in
some Christian groups.
• Intended purely as individual
moral guidance, whereas in
other cases they are intended
and may be used as the basis
for a country's legal system.
Law, Institutions and
Stakeholders
Institutions of Law
• Law: is a body of rules, enacted by public
officials and backed by the force of the state.
•Legislature: is body of elected public
representatives who entrusted and authorised to
make law
• Courts: are places where judges work and
decide disputes based on law.
Law-making Process in parliament
Bill: A proposed law under consideration of
legislature.
1: Simple or Institutional Bill.
2: Constitutional amendment Bill.
1: Simple or Institutional Bills:
These types of Bills are usually presented to make some laws
under the provisions of the constitution to be passed with simple
majority.
2: Constitutional Amendment Bills:
These bills are produced in the parliament in order to change or
amend some part or some articles of the constitution with 2/3
majority.
Parliamentary procedures:
Preparation and initiation of the bill/law
1. Most legislation is initiated by the cabinet in the form of
public bills. Individual members (MNA/MPA/Senator) of the
parliament may introduce private member bills to address
specific or local concerns i.e. urban irrigation or industrial
water management.
2. Bills regarding some specific department are mostly
initiated by the respective ministers i.e. government/public
bills.
3. Bill is prepared by the ministers in the collaboration with his
departmental experts, discussed in cabinet, approved and
then presented in parliament if passed it proceeds to the
president for approval.
-Universities’ Act 2018 was drafted by Law Minister in consultation of
universities teachers associations
Stages of the bill: Reading
1. In the first reading, the bill is presented without
debate.
2. Second reading, the house debates the bill’s general
principles. The bill then goes to a committee for
thorough study, discussion and amendment.
3. At the third reading the bill is presented to the house
in its final form and vote is taken.
Senate/President
Bill goes through the same procedures of the readings
if passed by the senate, the bill is sent to the president
for approval.
If senate amends some of its parts then it must be
passed from the National assembly again before
sending it to the president.
Institutions of Law
• All three branches of government are involved in
deciding what the law is i.e. legislative, executive,
judicial bodies.
• Courts do not just decide law—they make it too.
They are involved in fitting law to the needs of a
dynamic society.
Courts as Legal Institutions
• When you hear “law” you often think of
“courts”—but courts involve more than law.
• The legal system encompasses an
array of governmental institutions, key
actors, and participants/community.
Interpreters of Law
• The interpreters of law include primarily
lawyers and judges.
• Lawyers interpret the law to their clients
and are the principal gatekeepers of the
legal system
• Judges are society’s authoritative
interpreters of the law.
Courts and Legislatures-
Parliaments
• Courts and legislatures compete for
institutional balance.
• courts interpret and question the
legality of legislation
• legislatures control the jurisdiction
of courts and influence their
composition
Courts and Interest Groups
• Interest groups are a powerful force in politics—no less so in
relation to law and courts. Interest groups:
• file lawsuits
• Parents filed case against Private Schools
Fees rise
• Water Commission set up on case of Shuhab
Osto
• any decision of the court shall be considered law and
enforceable by the court and government.
Courts and Public Opinion
•Courts depend greatly on their legitimacy.
Possessing neither the “purse nor the sword” they
need public support.
Debate-role of media
•Does public opinion affect the judiciary or does the
judiciary affect public opinion?
Courts and the Media
• The media determines much of what we
know about judges, juries, lawyers and
litigants.
Debate-role of media
Is a “fair” trial possible in high profile cases?
