The Importance of Law - Essay Example

 The Importance of Law Abstract The aim of the research of this paper is evaluate the importance of law, its essays. How many kinds of laws are being used in the world? Although the purpose of these laws is the same in the world but are known and understood differently. International laws and rules are accepted around the world with the same purpose and aim like trade agreements, security agreements and treaties. Prescribed and prepaid rules have been made to protect countries as well as people. It has been investigated that how Courts in England work, how they are administered and governed under the law. Understanding Law Understanding the rule or importance of the law depends upon the educational level of the country’s people. The lack of education or literacy rate in a country could lead it to the high crime rate among young people that provides incentives for committing crimes due to instable economical situation. With the provision of education in the people the rule of law may be strengthen. The primary and secondary educations are very important in this regard; they work as a base for the future education of an individual. We should strengthen the legal system and provide education to the people for strengthening the society. To provide a crackdown on the crimes and to eliminate unhealthy tendencies in the society we should understand the importance of law and the matters falling in the purview of the law should be left to the judicial institutions. It is not legal for an individual to directly concern himself with such matters. One should be careful about inner discipline. Legal problems should be left on the shoulders of the state and the government to decide. If an individual intervenes in everything than it would be very difficult for the people to understand the importance and integrity of the law. Violations of laws disturb the society, self-personality, family and friends. Everyone in the society should make efforts to strengthen the law at large extent as it provides security, mental satisfaction and causes progress for the country. There should be no tendencies of ignoring or violating the laws in the country. Indispensable legal systems should be implemented in the country. By the passing of time, the law has been divided into different subjects and topics; the reason was to make it easily understandable in terms of different aspects of the law. The law is also being taught in different topics and subjects. Even cases are decided on different grounds. To make the process easy, different courts have been established that deal with different kinds of cases in their purview. Following are the different topics of the law: Legal Kinds of Law: Criminal Law. Contact Law. Tort Law (Breach) Property law Trust and Equity Law. Administrative law. International Law. Legal Systems Civil Law. Common Law. Religious Law. Institutions of Law Judiciary Legislature. Executive. Military and Police. Bureaucracy. Civil Society. Legal Profession. (http://en.wikipedia.org/wiki/Law) Law as Legal Subject Almost in every country, the law is taught in different subjects/topics, like in England, the knowledge of law is provided in almost seven different subjects. All laws have the same approach and legal system and same issues around the world, although different names are used to elaborate laws. For example, in the Civil law contract and the breach of contract would fall under the purview of law of obligations and trusts and will be processed under legal regimes or under the international conventions and agreements. Outside of the Europe international laws are being dealt under different agreements other than European laws like North American Free Trade Agreement (NAFTA), South Asia Free Trade Agreement (SAFTA), South American Community of Nations (CSN), Association of South East Asian Nations (ASEAN) and other different trade and other agreements to settle the dispute. But it is worth mentioning that there is unity and the legal system has common, there is not different for implementation or explanation which may be described a remarkable distinctive characteristics of the law. http://www.ucl.ac.uk/laws/current/undergraduate/exams/documents/Essay_benchmark.doc) History of British Law “British nationality law has its origins in medieval times. There has always been a distinction in English law between the subjects of the monarch and aliens: the monarch's subjects owed him allegiance, and included those born in his dominions (natural-born subjects) and those who later gave him their allegiance (naturalized subjects or denizens.” (http://www.answers.com/topic/history-of-british-nationality-law ) Initial British Nationality Law Sir William Blackstone British a well-known jurist and educator who wrote Commentaries on the Laws of England presented the early summary of the English Common law. When the British regime came into being the sovereignty of the British Crown also expanded. British laws/subjects not only cover the persons inside the United Kingdom but also throughout the British Empire including sub-continent, Australia, New Zealand, South Africa and Canada. It was popular saying that sun never goes down in the British Empire. The British Empire was so big that around the clock there was sunshine in any part of its colonies or self-governing parts. People born within the British Empire (dominion) were considered the British citizens irrespective of the status of their parent’s relation with the country. Guests from other countries and give birth to the children had the option of acquiring British citizenship. This was a fundamental privilege for the foreigner’s children in terms of natural-born citizenship act. The citizenship was needed to reflect natural loyalty to the crown as a “debt of gratitude” to the British crown for protecting them and providing security. In such circumstances the citizenship by birth becomes perpetual and could not be finished by any law regardless of residency. (http://www.answers.com/topic/history-of-british-nationality-law) The same procedure was adopted in terms of alien or foreign in terms of citizenship in terms of his place of birth. Therefore, it concluded that individual born outside the British Empire could not become citizen of the United Kingdom with the help of any law or ceremony. Some leniency has bee noted in terms of such citizenship regarding children of British nationals born on foreign soils like King’s ambassadors, who may acquire citizenship even born out of the UK. Legislation was made for the children of British parents born overseas to be British. Later on the proof of only father being British according to the natural born allegiance law, the child was allowed to be the British national. Further provision was provided to a foreigner who is not of British parents could also become the British national with the help of naturalization and denization, through which foreigner may become the British citizen. Naturalization was subject to act passed by parliament. Denization was subject to the approval of the King in terms of vested powers delegated to him. Denization was executive powers and naturalization was of legislative powers. A radical change was made in the British common law that citizenship cannot be revoked and renounced when legislation was made in 1870 in terms of the British nationality known as “renunciation of British nationality”. According to the law, if any British women citizen marries to a foreign man will loose her British nationality. Later, on the law was amended in 1914, which provided a very little impact and more comprehensive change was made in 1948. (http://www.answers.com/topic/history-of-british-nationality-law) Court Systems of UK In the United Kingdom, there are different judicial systems working in the country. There is not a single and one unified court system works in the United Kingdom. Like England and Wales have same judicial system, Scotland adopts different, and Northern Ireland follows a different court system. Under the Constitutional Reform Act 2005 Supreme Court of the United Kingdom was created being the highest court in the country, which will deal the appeals concluded from the courts of England and Wales, Northern Ireland and also Scotland except criminal cases. “One exception of the rule is area of immigration law, Asylum and Immigration Tribunal’s jurisdiction covers the whole of the United Kingdom.” (http://en.wikipedia.org/wiki/Courts_of_the_United_Kingdom) Court of England and Wales The Courts of England and Wales are known as civil and criminal courts, which are responsible for the provision of justice in and England and Wales. These courts are constituted and governed under the law of England and Wales, sub-ordinate of the Parliament of the United Kingdom. There is not a single unified judiciary system in the United Kingdom. England and Wales have one unified single judiciary system in terms of civil and criminal matters. http://www.answers.com/topic/courts-of-england-and-wales) Court of Scotland The Court of Scotland is responsible for the provision and administration of justice in the Scotland in terms of civil, criminal and family disputes. Courts are governed under the Scottish law. These courts follow different rules other then the rules followed by England and Wales and Northern Ireland. Only employment tribunals are unified in England for England and Wales, Scotland and Northern Ireland. The House of Lords is regarded as the highest civil court for appeal in Scotland and England and Wales. Only Law Lords hears the appeals received from England & Wales and Scotland. Under the judicature act 1873 the Supreme Court abolished the judicial powers of the Law Lords but on the outcome of election and on the amendments proposed by new Parliament the judicial function of House of Lords were kept intact before abolish. (http://www.answers.com/topic/courts-of-scotland) Court of Northern Ireland The Court of Ireland is responsible for the provision and administration of justice in the Northern Ireland in terms of civil and criminal disputes. Courts are governed under the Northern Ireland law. These courts follow different rules other then the rules followed by England and Wales and Scotland. “In order to overcome problems resulting from the intimidation of jurors and witnesses, the right to a jury trial in Northern Ireland was suspended for certain terrorist offences in 1972, and the so-called "Diplock courts" were introduced to try people charged with paramilitary activities.” (http://www.answers.com/topic/courts-of-northern-ireland) What is happening in Courts is Law? Many people think that what is happening in our courts is law. In fact the court decides if there is any conflict between the parties in terms of law. The courts explains the law and make sure its implementation and in case of violation action as per prescribed law and ruels are taken agaisnt the responsible. Laws are made by legislations in the parliament and courts elaborate the laws. Courts gathers all relevant information like proofs, documents and witnesses to decide the case and pass their verdict according to the available proofs, witnesses and other available related documents provided to the court. In some cases, the parties are not satisfied with the decision/verdict in such circumstances the parties have the option to appeal in the superior court for 2nd opinion and decision. Sometimes courts are influenced by wrong information provided by any party or concerned official department, in such circumstances court cannot give correct decision since the decision is based on witness, proof and available documents and circumstances. In these situations people blame to the court for wrong decisions but in fact that is not the fault of part of the court. Simply court cannot give decision other than the available witnesses. Courts take action on the request of parties or in some cases like su mo to action, in such circumstances court takes the action as its own powers although no case is submitted from any party and later on decides the case as deemed necessary. The aim of the court is just to provide justice. In some instances people have complained about the courts in terms of discrimination, creed, religion, nationality and harassment. Role of Courts “The role of the courts has clearly changed since the introduction of the Charter. To declare if a law should be nullified, the Supreme Court uses a systematic and impartial approach that helps to legitimize any decisions it reaches. If a law clearly violates a Charter right, the court first scrutinizes the existing law to see if there is a pressing and substantive reason for it in society. Furthermore, "the law cannot be arbitrary, unfair, or based on irrational considerations," and "should impair, as little as possible, the right or freedom in question." If these conditions are not met by the law in question, the courts may declare it invalid. Nine federally appointed judges with legal and professional training now have the power to determine the validity of a law, a role that was previously left to parliament. Many argue that Supreme Court judges are not trained to make quality public policy decisions. It can now be questioned, which is more important in Canada, constitutional supremacy or parliamentary supremacy? "The constitution is supreme and it is the role of the judiciary to ensure that it remains so." When courts decide constitutional cases they are altering the laws, which were previously left in the political arena. This violates Canada’s founding principles of parliamentary supremacy where the legislature creates laws for the people and not the courts. The Charter has fundamentally politicized the courts. It can be argued also that the courts’ independence from the electorate allows them to enforce minority rights and civil liberties which parliament may not have been able to do because of majority pressures.” (http://pages.cpsc.ucalgary.ca/~carman/courses/Role_of_the_Courts.html) http://www.leeds.ac.uk/law/hamlyn/courtsys.htm What should be excluded to understand law if one focused on our Courts? If we focus on our courts to understand law than what we should exclude. First of all we should understand the role of judge who is responsible for the provision of law to the affected individual/parties in the courts. The role of judge may be excluded as a lawmaker, he is just a law interpreter, and he just only explains the law. His role for providing biased decision should also be excluded for the assurance of justice. Sometime judges do biased judgments on the basis of money, creed, religion and personal influence from the parties, such role should overwhelm be excluded from the court as it is against the justice. In some instances the police role becomes mark of question like taking support of atrocities, torture and abuse of powers in terms interrogating the people to give statements according to their desire, so that their performance in the eyes of their superiors may be good. In such circumstances, this sort of role of the police should be excluded from the court procedure so that people may not understand that this is part of the law or duty of the police to commit atrocities on the suspected person and make him victim of torture and use of 3rd degree on the suspected individuals. Especially in the name of terrorism a number of people are complaining for misuse of powers used upon them by the police. In the present days religion and terrorism have become coordinated elements due to the prevailing situations. Chance of fair trials should be given to the suspected persons and they should not be made victim on the basis of religion, such elements should be excluded form the interrogation of the police procedure. Courts are guided to a wrong way with the help of wrong witnesses, which leads the judge for a wrong decision. Therefore, for the provision and assurance of honest decision provision of wrong witnesses should be excluded from the court procedure so that people may get justice, which is a basic and legitimate requirement of the human rights. It has been noted in some instances that police and other official departments provides wrong evidences to the court to get their desired results, which results in wrong judgment. The factor of provision of wrong evidence submitted by responsible departments should be excluded so that correct and just judgment may be provided to the people of the society. Justice is the only elements upon which a society may survive. “Much has been said in recent years about our troubled courts. Both criminal and civil courts have come under fire. In criminal courts, defendants accused of crimes but not yet found guilty of anything languish in jails awaiting the lengthy processes of trial while victims of crimes feel deprived of anything approaching equal access to the scope of rights afforded to those accused of crimes. In civil courts, there are allegations that many litigants file frivolous lawsuits, playing "liability lottery" in hopes of hitting a jackpot whether their claim has merit or not with a resulting outcry from some quarters demanding "tort reform" by those who would set up barriers to litigation. In both criminal and civil procedures we see that those with money are able to buy more successful outcomes at trial, while those without are denied equal access to the public institutions established to resolve disputes and maintain public order.” http://www.wordwiz72.com/courts.html Law and Order: Although law and order is not the responsibility of the courts, but in case of violation by any individual or group courts decides penalty. The court evaluates the severity of the violation and sake the responsible as deemed necessary. Implementation of the law is responsibility law enforcement agencies including police, court only sake the criminals who violates prescribed law. In such circumstances witnesses and evidences are provided by law enforcement agencies, on the basis of which courts decides the case and gives its verdict. Law and Politics: Politics and law are the two different things. Politicians reach in the parliaments or legislation platforms and then they are authorized to make legislations or amendments therein. In some instances it has been noticed that politicians try to influence the courts in the cases. In case of a violation committed by politicians, courts also sake them for the supremacy of the law. Now one is above the law. Good societies are those societies where supremacy of law is observed. http://www.wordwiz72.com/courts.html References Law Essays http://www.lawessays.co.uk/ Retrieved 6 January 2007 Early British Law http://www.trinity.wa.edu.au/plduffyrc/subjects/sose/polaw/brlaw.htm Retrieved 6 January 2007 History of British nationality law: Information from Answers.com http://www.answers.com/topic/history-of-british-nationality-law Retrieved 6 January 2007 The Court System http://www.leeds.ac.uk/law/hamlyn/courtsys.htm Retrieved 6 January 2007 UK Resources - Law Links http://library.kent.ac.uk/library/lawlinks/resources.htm Retrieved 6 January 2007 Law - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Law Retrieved 6 January 2007 Courts of the United Kingdom - Wikipedia, the free encyclopedia http://en.wikipedia.org/wiki/Courts_of_the_United_Kingdom Retrieved 6 January 2007 Benchmark for law essays http://www.ucl.ac.uk/laws/current/undergraduate/exams/documents/Essay_benchmark.doc Retrieved 6 January 2007 Courts of England and Wales: Information from Answers.com http://www.answers.com/topic/courts-of-england-and-wales Retrieved 6 January 2007 Courts of Scotland: Information from Answers.com http://www.answers.com/topic/courts-of-scotland Retrieved 6 January 2007 Courts of Northern Ireland: Information from Answers.com http://www.answers.com/topic/courts-of-northern-ireland Retrieved 6 January 2007 Torture evidence inadmissible in UK courts, Lords rules | Special Reports | Guardian Unlimited Politics http://politics.guardian.co.uk/terrorism/story/0,15935,1662107,00.html Retrieved 6 January 2007 Help the People Understand the Importance of the Rule of Law http://www.china.org.cn/english/features/dengxiaoping/103356.htm Retrieved 8 January 2007 The Role of the Courts http://pages.cpsc.ucalgary.ca/~carman/courses/Role_of_the_Courts.html Retrieved 8 January 2007 Justice for All -- strategies for effective court reform http://www.wordwiz72.com/courts.html Retrieved 8 January 2007 Appendix I Implementation of Law in UK Courts Case Example: “Arkin v Borchard Lines Ltd and Others Notified by: Hugh Mercer Notifier's role in case: Counsel for second to fourth defendants and 3rd, 5th, 8th and 10th Part 20 defendants Case no: 1997 Folio No. 956 Postal address: Essex Court Chambers, 24 Lincoln's Inn Fields, London WC2A 3EG Court: High Court of Justice, Queen's Bench Division, Commercial Court Judge: Mr Justice Colman Date of judgment: 10 April 2003 Counsel: Nicholas Green QC and Roger Masefield for the Claimant; Peter Irvin and Sarah Lee, Steven Gee QC and Hugh Mercer, Vasanti Selvaratnam QC and Fergus Randolph for the Defendants and Part 20 Defendants Solicitors: Singletons for the claimants; Constant and Constant, Messrs Davies Arnold Cooper, Berwin Leighton Paisner for defendants and Part 20 defendants Competition issues: Articles 82 - was the shipping liner conference in a dominant position and, if so, did it abuse that dominant position by reducing its prices where there was a price war on the trade. Article 81 - did the conference apply uniform or common rates within the liner shipping block exemption Result: Held no breach of Article 82 because the liner conference did not have any eliminatory intent. Also no breach of Article 81 because the rates remained uniform or common. In any event the Claimant's failure to leave the market, even temporarily, was the predominant cause of its loss of profits.” http://www.oft.gov.uk/Business/UK+competition+court+cases+database/2003/Arkin+v+Borchard+Lines.htm Read More