All legal systems deal with the same fundamental issues, but jurisdictions categorize and identify their legal issues in different ways. A common distinction is made between “public law” (a term closely associated with the state and encompassing constitutional, administrative and criminal law) and “private law” (which includes contracts, torts and property). [171] In civil law systems, contract and tort are governed by a general law of obligations, while the law of trusts is governed by law or international conventions. International law, constitutional and administrative law, criminal law, contracts, tort, property law and trusts are considered the “traditional commodities”,[172] although there are many other disciplines. The use of language is crucial for any legal system, not only in the same way as for politics in general, but also in two ways. Legislators generally use language to make laws, and the law must provide for the authoritative resolution of disputes about the effects of that use of language. Political philosophers do not generally deal with questions of philosophy of language. But legal philosophers are political philosophers with a specialization that attaches particular importance to language (and the philosophy of language). [1] Only judicial decisions of the Supreme Court or courts recognized as courts of record (such as the Supreme Court and the Supreme Court of India) are recognized and used as real laws. The lower courts may decide their cases on the basis of these judicial decisions. It establishes the rules for the exercise of constitutional power delegated by the Constitution of the State to all organs of government. It also regulates relations between civil servants and the public and establishes relations between civil servants and the State. In some countries, such as France, administrative law is administered by the administrative courts and ordinary law by the ordinary courts.
However, in countries such as India, the United Kingdom and the United States, the same courts administer both common law and administrative law. Certainly, this may be the case if, for example, the objectives of the law are better served, if a court has the power to depart from what Parliament has decided. But it is also possible to serve the purposes of the law by treating a legislator`s contribution to the content of the law as exactly what the legislator has communicated. For simplicity, consider creating a specific legal standard. With a wave of his hand, a police officer at the scene of the accident can signal to a driver that he can continue or ask him to stop. In authorizing the officer to direct traffic, the officer`s action counts as the decision of the law as to whether the driver has permission to continue driving or an obligation to stop. 1640s, “plead”, from the law (n.). The Old English had lagian “to make a law, to order”. Related: Lawed; Right. The basic constitutional principle, inspired by John Locke, states that the individual may do anything except what is prohibited by law, and the state may do nothing other than what is permitted by law.
[186] [187] Administrative law is the most important method of holding state organs accountable. People can sue a public authority, city council, public utility, or government department for judicial review of actions or decisions to ensure that they comply with the law and that the government agency has followed the required procedure. The first specialized administrative court was the Council of State, founded in 1799 when Napoleon took power in France. [188] The effect of using descriptive language may depend on evaluative considerations. For the philosophy of law, this dependence poses particular problems. If you cannot say without evaluative justification whether an object should be designated as a “vehicle” within the meaning of the law, then the legal effect of the Road Traffic Act depends not only on the physical facts (for example, that there were wheels on the henhouse) and on social facts (for example, that the legislator used the word “vehicle” in the law, or the complex social fact of the entire pattern of use of the word “vehicle”).