Features of the Constitution. Some of them are available only to the citizens. It means that people should know what the law is in order to choose to regulate their conduct as to act in accordance with it. ADVERTISEMENTS: 1. The second role of the courts in a common law system in relation to the constitution is the creation of a body of judge-made law. Some of the features are: 1.The Scientific Division of Tax Powers 2.Multiplicity of Tax Structure 3.Larger share of Indirect Taxes 4.Insufficient Tax Revenue 5.Greater Importance to Sate Government in Federal Fiscal System 6.Incidence of Taxation 7.Progressiveness in Tax Structure 8. The act provide for the termination of the suzerainty of the crown over the Indian States. But there can be no absolute individual rights. The law is capable of being known to everyone, so that everyone can comply. Our mission is to liberate knowledge. Law schools have at least one writing-intensive class as well as a class focused on trial advocacy. Let us now examine the unitary features of the Indian Constitution in some detail: It is indeed difficult to put the Indian Constitution in the category of federations, even though it had all the main ingredients of a federation. B. R. Ambedkar was the chairman of the drafting committee. An example of the flexible nature of customary law is important here. It is the lengthiest and the longest constitution in the world. Bentham said that law is a portio… The above mentioned features of … The constitution also lays down the machinery and mechanism for the enforcement of these rights. 1) It is a set of rules. Rule of Law. The law is made by representatives of the people in an open and transparent way. All treaties, … They will identify the principal institutions of the state – the executive, the legislature and the judiciary. He called this principle “isonomia” (Greek for “equal law”). 10 (1) and Art. 4) It has certain amount of stability, fixity and uniformity. TOS It means that in the eyes of the law all persons, whether big or small, the highest government official or ordinary citizen, a big capitalist or a poor man, are equal. Takwani C.K, “Lectures on Administrative Law, Eastern Book Company. This concept grew from the observation of the operation of the laws of nature and their uniformity. But in Indian law it may move from promisee to any other person. In the US Constitution, the fundamental rights were expressed in absolute terms. It is enshrined in Article 21 of the constitution. It claims that the country’s law should be based on the rules of democracy and justice among society. Dictionary.com defines ‘law’ as: Disclaimer The Functions of Law in the Change of Law Another function of Law is that it makes the Constitution and the Laws governing various societies to be subject to change. At what point do we cross that fine line between legal and illegal, and on what basis is that line even drawn in th… The method of dispute resolution adopted by the society depends on its size and complexity. Learn more about Fundamental Rights and Duties Cloudflare Ray ID: 64023ec5fe3f1f31 by Advocate Mr. Ambransh Bhandari | Nov 4, 2019 | 0 comments. 8), ‘within the law’ (Art. 2. Political freedom. Best answer. The following are some of the common features of law as relevant to a law student: It is a body of rules; It is Man-made; It is normative in character; It has an element of coercion; It has territorial limitation; It is dynamic in nature. 3) Fundamental rights available are absolute. Before publishing your Article on this site, please read the following pages: 1. All are equally subject to the laws of their State. All borrowed features of constitution of india from other countries:Indian Constitution has borrowed several features from other countries to make it best document in the world. One of the features of federalism is separation of powers. Laws set out standards, procedures and principles that must be followed. Single citizenship. Article shared by. 1) Law for giving effect to fundamental rights can be made only by the Parliament. For example if a car is stolen, then the theft is against the individual, but it threatens all car owners because they might have their car stolen. - Published on 21 Feb 17. a. Definition of law is a rule of conduct developed by government or society over a certain territory. 1. Common law may dictate the specific laws and penalties of certain crimes, including murder, rape, and theft. Parliamentary government. PreserveArticles.com is a free service that lets you to preserve your original articles for eternity. It also means that in the eyes of law, there is no privileged class. The Law is controlled and enforced by the controlling authority. President Goodluck Jonathan signed two amendments to the 1999 constitution in January 2011. Dual Polity:-The Constitution establishes a dual polity consisting of the Union at the Centre and the states at the Periphery. This principle has a relevance of a political nature; governments are expected to act within this principle. 10 most essential Characteristics of Sovereignty, 5 essential characteristics of an ideal classification, The essential characteristics of business activities are as follows, What are the essential characteristics of Will. That which must be obeyed and followed by citizens subject to sanctions or legal consequence is a law.” Although intended to protect the fundamental rights and liberties of U.S. citizens, the legal system and its laws are not always readily understood by the average citizen. The shift from a laissez-faire society to a welfare state has led to the growth in administrative law and in turn the administrative tribunals, maintaining and upholding this law. Law schools pride themselves on providing students a variety of learning opportunities. Legal positivism doesn’t concern itself with morals. 2) Fundamental rights are defended and guaranteed by the Supreme Court. 6. Reading Time - 2 minutes. Essential features of the Mendeleef’s periodic table: Mendeleef’s periodic table had the following features (i) The vertical columns were called groups, and the horizontal rows are called the periods. 14 Features of Indian Constitution Taken From Other Countries A good way in which to summarise which offences come under criminal law is ‘an offence which is seen as being against everybody, even though it is not’. Add your answer and earn points. What are the essential characteristics of ionic compounds ? The law achieves this through the instrumentality of the judicial system. The law is inevitably influenced by the judges' views on what the law should be. The law and its administration is subject to open and free criticism by the people, who may assemble without fear. Equality before law: Article 14 guarantees to every person, “equality before the law or the equal protection of the laws within the territory of India.” The Constitution forbids discrimination between persons placed in similar circumstances or conditions. Law means Statutes, Acts, Rules, Regulations, … While there are many different types of law that can be studied and considered, it is often easiest to group them into two basic categories: public laws and private laws. One Seller and Large Number of Buyers: ... regarding the determination of equilibrium price in the long run depends on the elasticity of demand and effect of law of costs on monopoly price determination. PreserveArticles.com: Preserving Your Articles for Eternity. Please enable Cookies and reload the page. The law of octaves states that every eighth element has similar properties when the elements are arranged in the increasing order of their atomic masses. Britain. If it is a small and simple society, disputes would be resolved in a way that would ensure continued relationship among the members. Is its flexibility; it appears to have been always subject to motives of expediency, and it shows unquestionable adaptability to altered circumstance without entirely losing its character. (iii) Consideration must be real not illusory : Consideration must be real and possible. ADVERTISEMENTS: 3) It is created and maintained by the state. Law is definite and it is the formulated will of … A Federation is always characterised by the following essential features: 1. Legislative procedure. 0 votes . Chandra Kumar be revisited by a Larger Bench of Supreme Court of India” Law follows certain practices and customs in order to deal with crime, business, social relationships, property, finance, etc. It also means that in the eyes of law… 2. It shows the sovereignty of Parliament because the law is made by Legislature in India. What are the features of the fundamental rights? Copyright. 1) Law for giving effect to fundamental rights can be made only by the Parliament. The law of pre-emption is applied to Hindus also (i) by legislation, as in the Punjab and Oudh, where there are general territorial enact­ments; or (ii) by custom, as in Bihar and certain parts of Gujarat; or (iii) when there is a contract between the parties that the law should apply. Features of Private company. The Constitution of India became effective on 26 January 1950. Murder, assault, robbery and rape are all included within the boundaries of criminal law. the law. ADVERTISEMENTS: It is, in fact, a new contrivance designed to meet the special requirements of Indian society. Babylonian law is a subset of cuneiform law that has received particular study due to the large amount of archaeological material that has been found for it. Such features were caused by the preconditions that came up as a result of the development in Nigeria. Let us now discuss the features of Indian constitution. Your IP: 88.198.59.195 Aliens living in the territory of the State are also bound by the laws of the state. Some of them are: 5. 2) Fundamental rights are defended and guaranteed by the Supreme Court. • In re- lation to each of these, the constitution will specify their functions and powers. Law is the subject-matter of jurisprudence since the latter deals with the study of law. Law means Justice, Morality, Reason, Order, and Righteous from the view point of the society. basic political concepts; class-11; Share It On Facebook Twitter Email. Public law often refers to such laws as criminal laws, constitutional laws, and administrative laws. One common concept in this important source of law is that of precedent, which suggests that future courts follow the rulings of prior courts on specific issues. Because the view is taken that everybody is threatened by the crime, criminal law is dea… 2. So-called "contracts" exist in the thousands, including a great variety of deeds, conveyances, bonds, receipts, accounts, and most important of all, actual legal decisions given by the judges in the law courts. Isonomia, by itself, says nothing about the scope of government activities. 7. Cabinet system. Another comprehensive and clear definition of a company is given by Lord There are various features of the constitution. Features of the Constitution. Law mirrors the wishes of the people. :dateline:With This is the kind of law that the police enforce. 2. 2, 3. b. Separation of powers postulates that political powers should to be shared between the arms of the government. Common law constitutional principles are also a judge-made source of public law. A law will present the following characteristics. 3. mention the second features of the Constitution in the basis of rule of law class 8 history chapter 12 - 34430136 This means a freedom of choice, social order and form of government. The main features of democracy are indisputable initial requirements that are imposed on all participants of political activities in the country. There are various types of laws framed like criminal laws, civil laws, and international laws. Law is coercive and disobedience of law invites punishment. Articles 8-13 all provide for enjoyment of rights within certain limitations such as ‘subject to law and order’ (Art. The main features of a democracy vary in a wide selection of ways. answered Feb 20 by Sima01 (57.1k points) selected Feb 21 by Ranjeet02 . Being a mere creature of law, it possesses only those properties which the character of its creation of its creation confers upon it either expressly or as incidental to its very existence”. ANSWER: 1, 2 . Power of making law lies in the hand of the state. Privacy Policy Performance & security by Cloudflare, Please complete the security check to access. Meaning of the Rule of Law: The Rule of Law is an important contribution of the British Constitution. Once a law has … Within these categories are a number of other types of law, such as the different types of criminal laws that can include everything from battery and trespassing to larceny and murder. Prerogative writs. - 34743911 dandinvaishali is waiting for your help. 2) It regulates the human conduct. The Constitution of India is the longest written constitution of any independent country in the world. characteristics of a private company The Law Commission in 215th Report (2008) titled “L. State passes those laws … This theory was propounded by Montesquieu in his book “spirit of the law“. 11-13 continue in similar vein. Mention any two categories of the Fundamental Rights. Each government department is responsible for the implementation of the laws and policies concerning its work. Mention the features of election law? ... Each constituent assembly thus became the sovereign law-making body in each dominion with full powers to frame her constitution in any way it might decide. A law is enforceable by the judicial system, i.e. The federal features of the Constitution of India are explained below: 1. It must not be illusory or unsubstantial. Therefore, schools value intellectual curiosity and academic ability. Jain, M.P., Jain, S.N., Principles of Administrative Law 1989, Lexis Nexis, India, 7th edn., 2011 at p. 1996. If we will analyse the above definitions very carefully we can reach at a conclusion that law is a body of rules recognised and maintained by the state to regulate the human behavior and conduct in a society. The reason is to avoid dictatorship and to bring about an accountable and effective government in every country practicing federalism. Common law is based on judges' decisions. The State makes law for welfare of the people but it is not enforceable in the court as the fundamental rights. There are various features of the constitution. In F. A. Hayek’s mind the rule of law has two equally important parts. But, as the Articles are not separately added but as a part of an existing Article, the total number of Articles remain the same. Some of them are: Judicial Review: The Supreme Court and High Courts have the power of judicial review under Article 137. 8) It is related to the concept of ‘sovereignty’ which is the most important element of state. One of the most striking features of West African native custom…. If you are at an office or shared network, you can ask the network administrator to run a scan across the network looking for misconfigured or infected devices. A law will present the following characteristics. The companies whose shares cannot be traded publicly are termed as Private companies. In English law, consideration must move from promise only. 1) Democracy is a form of government in which the rulers are elected by the people 2) In a democracy the final decision of making power must rest with those elected by the people. salient features of indian independence act 1947 under the history of the constitution subject in LLB part 2. Content Guidelines Limited Liability: Liability of members of a limited company is limited to the face value of the shares … Features: We may state the features of monopoly as: 1. 5) It is backed by coercive authority. This will clear students doubts about any question and improve application skills while preparing for board exams. Natural law has been recognized since the ancient world to be a general body of rules of right conduct and justice common to all mankind. 4. Lawhas been defined as “a body of rules of action or conduct prescribed by a controlling authority, and having binding legal force. those responsible for breaking them can be prosecuted in court. Meaning of the Rule of Law: The Rule of Law is an important contribution of the British Constitution. It lays down the fundamental political code, structure, procedures, powers, and duties of government institutions. The primary function of executive is to enforce laws and to maintain law and order in the state. The administration framework in Nigeria is indicated by the constitution and demonstrates that people are working on the presidential arrangement and the President should be taken as the formal head. If any law or action is violative then it can be declared as unconstitutional and invalid by the court. Whenever a breach of law takes place, it is the responsibility of the executive to plug the breach and bring the offenders to book. Morning Star solutions for Total History and Civics Class 9 ICSE chapter 16 (Salient Features of the Constitution - 2) include all questions with solution and detail explanation. It means that in the eyes of the law all persons, whether big or small, the highest government official or ordinary citizen, a big capitalist or a poor man, are equal. The Law. - Published on 21 Feb 17. a. 5. If you are on a personal connection, like at home, you can run an anti-virus scan on your device to make sure it is not infected with malware. Division of Powers: ... Each citizen has to obey two sets of law—the central laws and the laws of the state of which he is the resident. People, who may assemble without fear doubts about any question and application! 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