Law Related to the Constitutions of the Government - Essay Example

Many processes are available through which law can be changed. These processes vary from country to country. Change of law is always necessary to cater the new development, for changing the situations of the country or make new laws if the existing legislation has not yet catered the new rising situation or scenario. Everybody is familiar with what the law states and that it is one of the most important things in the society. The reason is that it describes the rules and regulations for the people. The people should obey the law, say whatever the law says and should always be ready to accept the punishment if a law has been broken. Nobody is above the law and everybody has to act as per law demands. However, law protects the society people from another person’s act or ‘behavior; it provides the freedom to the people and helps people in understanding what is right and what is wrong. At the same time law protects the people from any kinds of interference that might occur due to the acts of others. It can be said here that law reforms is a continuous process to accommodate the changing situation. (Goodey & Miller, 2014) There are many types of laws which serve the society people for their protection and meet their requirements. If legislation bodies codify and consolidate the laws then it is said to be a Civil law. Religious laws have also played an important role in some countries. The Jewish and the Islamic republics are a good example of this. The most extensively used law in the world is the Sharia law. This type of law was made a thousand years ago and implementation has been in practice as well. Yet, it is still enforced with the same intensity. Criminal law deals with the act of society people, if they are found guilty of the offence; they must be punished or fined. It contracts with the crime occurring in the whole society. (Zambellas & Voiculescu, 2014) If people have some legal problem regarding ownership of property then the procedures and methods have been defined and clarified in the property laws. Also if the property has been damaged then the provisioning is in the Tort law. While, for the protection of human rights, constitutional law is available. It also deals with the election of political persons. International law deals with the all matters between different countries that might be in a trading block or in some form of negotiations. In addition the military is also dealt under the international law among countries. The implementation of every law is very important for any society. Therefore, Implementation departments are different from those of law making agencies. They are responsible to enforce law with true spirit. (Goodey & Miller, 2014) The paragraph below explains the concept of legal personality and its importance using block number 2 of w100. The effect of legal personality over different people under different situations is what has been discussed below. The rules, rights, personality in terms of law and justice have all been well presented for a better understanding. Personality of a human according to the basic law depends on the person and the situation one is put into. When life is put into a body, a personality has been indirectly granted to that human being and hence, legal personality is achieved. Although, the time scan of every individual for the legal personality ownership is different. In the opinion of some people, even an unborn child has a legal personality if he would have lead a usual life once it is born. A question that generally rises over this specific topic. The question is then when an unborn child is harmed when it is still a part of his mother, is the originator of the idea and the ones who are in the favor of such an act to be convicted of a crime? The answer would obviously be yes. On the other hand, some people argue that an unborn child should not be given any legal personality unless it is brought to life. Everyone in the world does not have the same capacity and volume of holding a legal personality. For example, children are not wise and often make mistakes. Decision making and the analysis of a decision cannot be very well done by them. Therefore, granting them a legal personality would be wrong as they cannot differentiate between the dos and don’ts. In comparison their parents are the rightful owners of the legal personality as they are expected to make the right decisions for their child. However, at times parents are deprived of this right due to certain reasons. An example could be the sickness of the child when the treatment is important in the opinion of law and courts but the parents disagree. In such cases the judge gets the right on decision making on behalf of the parents of the child. (Slapper & Zambellas, 2014) Law has defined the procedures, ethics, values and principles. It has to be followed by the society and if not then legal action has to be taken against the defaulter. Punishment as per type and nature of the offence committed by the individual has to be given. The departments which play important role in making reforms in the law includes Government parliamentary departments and other different Government law making subdivisions. Many legal systems are available and implemented in the society. Each type of law is put into action in different way in different countries but the intension and the main theme remain the same i.e. punish the law breaker, limit the rights of the people and protect their rights as well. Detailed procedures in the law are available for each situation. If any new situation arises and the law has not stated anything yet about it, then a new law has to be made to cater the situation. (Goodey & Miller, 2014) The country’s written constitution contains laws whereas other laws were made by the legislation and the society traditional law. In certain countries the traditional law has to be given priority over written constitutional law in certain situations. For example, if the constitutional law did not say anything about the appearance of a woman in a public place whereas the traditional law restricts it, the traditional law has to be followed by the people. Colonization concept is not new for everyone. These colonies have their own laws whereas people live in those colonies already have their own laws. This law is known as the customary law and in certain situations customary law have priority over colonial law. Customary law of England is the English common law and this law has been implemented by many other countries. Laws enforced in USA and other commonwealth countries are based on the English common law. For example, if on a particular situation the parliament did not say anything then such situation can be handled as per English common law. The final court of appeal follows the English House of Lords in some of the commonwealth countries. Since this system has not been followed in all the countries and each country has their own legal system, it deliberately means that there are many different law systems that have been implemented in different ways. As a result, the quotation can be agreed upon because in reality the parliament decides what’s appropriate for the country when accessed as a single unit (Slapper & Zambellas, 2014) The quotation can in addition be supported in the light of the discussion made below. Law is either made by constitution, customary or by the legislature but, there is always a room for change to cater a particular situation. The reforms in the law have always been welcomed by the people. The legal reforms are a continuous process to enhance the justice and effectiveness. Process to have legal reforms includes the thorough study of existing law and incorporates the changes in law through legal ways. Law reforms are the political reforms of a country’s judiciary and it caters political system’s reforms. Basically, law commission was constituted and law bodies forwarded their recommendations after performing a deep and thorough research. Codification, consolidation, repeal and creation of new law are the main ways in restructuring law. One of the law reform methods is repeal which means to eliminate the existing law. Repeal may be done with or without replacement with the new one. It may be partial or full. When some sub or sub sub clause of an act is changed and the other parts of the act remain enforced then such type of reform is known as the partial repeal. On the other hand if the full act is revoked then it is known as a full repeal. One more thing which may be important to discuss here is that if it seems that the existing law has no longer a good value or has a negative impact the repeal without replacement is generally made. Repeal may be express, implied (when two rules are inconsistent), with or without saving (amendment in the law for a specific purpose). Generally, repeal means to eliminate the existing law when it is no more required or loses its worth or importance. (Goodey & Miller, 2014) The block number 7 of the w100 covers a number of aspects in its various sections. The family law covers the aspects of life including the responsibilities and questions that are to be dealt with in life between spouses, parents and children. It further tells us of the families, culture, social institutions, politics, economics and the law are all interconnected. A certain type of change prevails over the time bar and in different cultures but the core laws are all the same. The family ideas do ask for the understanding between the social and legal regulations that are set and the issues that could rise under different circumstances. The other sections further outline the manslaughter crimes. The most usual crime estimated is that of gross negligence manslaughter crime. Furthermore, the health and safety act 1974 states that all working places need to have proper safety standards. The employers are put under questions and charges if the outlined precautionary steps are not taken. The safety executive act has clearly made it mandatory over the employers and therefore, the law states that if any organization does not fulfill the rules, the organization will be shut down. There is act of corporate manslaughter and corporate homicide that was made in 2007. A statuary offence has been targeted over such types of homicides in Scotland. Some believe that such acts would increase the investigation under taken by the police departments. However, some people state that the act is a limited one. (Zambellas & Voiculescu, 2014) Another law reforms is the consolidation which means to make changes in the law. The basic purpose of consolidation is to make the rules and regulations understandable, handy and shorter. This act of consolidation provides a lot of benefits to the people of the society and particularly the people working with the decree. Putting different endorsements on a situation into a single clause of the law is also the act of consolidation. Making new law is a lengthy process; a Bill is usually passed over years and then incorporated in the existing law. It has been observed that the main structure of the law has been destroyed over years and hence it often requires reforms. The society people can also take part in the law reforms. This type of putting a legislation in effect is called democratic method. First of all the individual has to see weather there is any other legislation which handles a particular situation in a different way and has produced batter results. For example, if the income tax has not been funded in the Government properly then individual has to study the ways other countries collect the income tax. The next question arises that to whom society people should approache for the law reforms. If it relates to national law then an approach to the senator or congressmen is considered. If it is a State law then state senator or assembly person is the right choice. If the reforms relates to county or town then people may consult with the mayor or county executive who is in charge. The third thing the people see for the reform that weather the issue under consideration is already under reform by the law making agencies or not. (Slapper & Zambellas, 2014) Furthermore, the quotation can be supported as the parliament does in fact control the country legislation and rules. Another way to have reform in law is the presentation of a Bill through parliament. In England House of Commons and House of Lords is responsible to discuss thoroughly, have a detailed debate and then pass the new law to be taken into account. After that the new law is incorporated within the existing law at a suitable place. When the Parliament makes a new law then it may be called as an Act of Parliament or legislation. Law Commission, Private members Bill, party manifesto, national emergency, Royal Commission are all aspects that can originate the legislation. Basically, a proposal called Bill is floated in the House of Commons and House of Lords and if it is approved by the majority then it becomes a part of the national law. (Zambellas & Voiculescu, 2014) Therefore, it can be very well concluded that yes, law is in a lot of ways related to the constitutions of the government because, everything has to be looked upon by the government and all wrong doers are to be punished accordingly. The rules and regulations cover all aspects that act as the fundamentals of law. As a result, everyone should obey the law that has been prescribed by the constitution and the parliament. However the government should keep in mind that making new law or bringing changes in the existing law is necessary as the society ethics, living style or development in the country has changed the behavior of the people over the years. Defiantly old law restricts the growth of a produce with the advancement in the country. The law must be in response with the changing situations. The law reforms are essential due to some factors like changing social values, changing morality, changing ethics, changing technology and significant events. Here it must be noted that law reforms may sometimes be not required by the public but the need is felt by the legislative departments. These reforms make the law more effective and more understandable to the general public. Law making agencies incorporate the changes through different methods like codifying legislation, complementary legislation and consolidating legislation. (Goodey & Miller, 2014) Reference: Goodey, J., & Miller, G. Slapper, G. and Zambellas, A. w100-introduction to law (block 1,2 and 7) (6th ed.). Walton Hall, Milton Keynes: The Open University. Retrieved from www.ouw.co.uk Read More