Political Science LLb 1 PDF

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political science detail notes for LLB Punjab University 5 year integrated LLB programme...

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Define liberty. Describe the different types of liberty. Define liberty. Describe the different kinds of liberty. Introduction: The term liberty is defined in various ways the centre theme of liberty is the absence of all restraints and freedom to do whatever one likes. But it is not possible to have such a liberty while living in society. Man is a social animal and he is living in society. He must therefore, adjust his liberty with due regarding to the liberty of others. The fundamental maxim of liberty is that law is the condition of liberty. The term liberty is derived from the Latin word ‘liber’ which means free. According to Blacks law Dictionary “Freedom from arbitrary or undue external restraint, especially by a government”. Definitions: Prof. Seeley defines liberty “as the absence of restrains or the opposite of over Government”. According to Burns, “ liberty means to grow to one’s natural height, to develop one’s abilities”. Different meanings ave been attached with the term liberty’s used by different scholars. Moreover, the word has been used conveying different meanings. When the term liberty is used in context of the role of associations and individuals, it signifies those privileges they are entitled to avail. Sometime it is used in terms of limitations. Two Aspects: two important aspects of liberty are noteworthy; one negative and other positive. negative aspect of liberty brings into spotlight those restrictions imposed by the state for the protection of the liberty of all. These are certain areas of social life in which individual does not want interference at all. State protects his liberty from undue interference for doing so it maintains law and order and enforces a network of criminal laws. positive aspect state also provides necessary opportunities essential for the true enjoyment of rights. Modern welfare state aims at the betterment of the whole society and for the realisation of this end, it provides different services in socio-economic political and cultural fields so that all citizens may develop their capabilities.

Kinds of Liberty Natural Liberty: The concept of natural liberty, in fact points out the period before the organised political life and it implies the absence of all legal restrains on freedom of action. This concept was highlighted this concept was highlighted specifically by the exponents of the theory of ‘Social Contract’. Hobbes depicted state of nature, pre-state period, as period of lawlessness and brutality in which everyone was at war with every other.’Might is Right’ was the only principle regulating human conduct. Locke believed in the supremacy of natural law that secures natural rights such as life, liberty and property while state comes into existence for the protection of natural rights. Locke gives priority to these rights as these are, in his opinion prior to state and its laws. National Liberty: national liberty relates to the independence of state from external control, and it has been closely associated with nationalism. At the initial period of 20th century, almost every nation raised the slogan of ‘National Self-Determination’. This demand was accepted in the Paris Peace Conference,as a result many new Nations appeared on the map of Europe. Importance Of Kinds Liberty In Political Theory: three kinds of liberty are important in political theory. I. Civil Liberty II. Political Liberty

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Civil Liberty: Civil liberty, according to Last consists in the liberty of an individual in action and thought in those areas of life where the results of one’s efforts are mainly personal in nature. Right to life or freedom to religious belief are examples. Gettle says that civil liberty consists in those rights and privileges provided by state to its citizens State enforces a legal system for the protection of these rights through police and courts. Political Liberty: Political liberty means the participation of citizens in the political life of the community. In modern democratic states government is elected by and people and it is answerable to them. People indirectly participate in political decision-making. Popular participation is made possible through the recognition of such rights, as their right to vote, right to contest elections, right to criticise government policies and right to public offices. Freedom of expression is also considered to be the most important political right. Economic Liberty: Economic liberty is, in fact, a part of civil liberty but due to the importance economic liberty has gained in modern age its id generally considered appropriate to discuss it separately. Economic liberty consists to certain economic privileges and rights of individuals regarding the earning of their livelihood. It includes those economic rights that state secures in respect of the right to work and the choice of profession. Modern state recognises the rights of workers to form unions, makes laws regarding hours of work, proper wages collective bargaining, etc. Conclusion: To conclude that there are two important aspects of liberty: one negative and other positive. Negative aspect of liberty brings into spotlight those restrictions imposed by the state for the protection of the liberty of all. State also provides necessary opportunities essential for the true enjoyment of rights.

Explain the liberty what are the pre-requisites of its success? Explain the safeguards of liberty. Introduction: a threat to public liberty either form the ruling elite or private person. For safeguard liberty, reliance on legal means is not sufficient guarantee. A favourable environmental setting is important in this respect.

Rule Of Law: Government and its laws can perform important role in the protection of liberty as rights are recognised and enforced through the legal machinery Rule of Law is probably the most effective guarantee for safeguarding public liberty, state should provide equal opportunities to all alike so that all citizens may enjoy true freedom.

Constitutional Protection: protection of rights against the encroachment on part of government is comparatively a recent development. No such protection was given in ancient societies as rulers enjoyed absolute powers and were regarded fountain of all honour and power. With the widespread popularity of the ideas, relating to ‘Limited Government’, this came to be realised that the people have rights even against the government, it is admitted on all hands that fundamental rights are better secured if they are made part of the Constitution, this law is normally the law of land and method of amending is bit tough. Fundamental rights become more sacred when these are made the part of supreme law i-e Constitutional law.

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Democratic System: Rights of the people are better secured when people are given political participation.. under democratic system people elect their representatives who make pubic policies and enact laws in accordance with the trends of public opinion. Rulers work under constant popular check and are regarded accountable to the people. In certain political systems like one in Switzerland people share in direct legislation through referendum. Separation Of Power: Montesquieu regarded separation of powers between three branches of government, as the most effective safeguard for the protection of public liberties. Concentration % of governmental authority, he believed lead to autocracy ( " ! #$ &'))ٓ . This principle was fully observed at the time of the drafting of American Constitution: in a level as far relationship between executive and legislative branch is concerned because in this system, executive is the part of legislature. All measures and safeguards are, however, adopted to reserve the independence of judiciary on almost every system. This includes appointment of judges on merit basis, payment of liberal salaries, security of service and other privileges aiming at rising their prestige. Local Self-Government: For political and administrative purposes, central government in modern states delegates power to local institutions who look after local matters. In Pakistan, for instance, such institutions operate at different regional and local level in the form of Union Councils, District Councils, Municipal Committees and Corporations. Local institutions share the burden of administrative responsibilities with the government in providing social service in matters such as street lights, roads, bridges, sanitation, promotion of health and education. Local institutions also play important role in educating the masses and working as laboratories for decision making at higher level. Decentralisation of government authority at local level, promotes people’s interest in public life which is an important safeguard for the protection of liberty. Vigilance: Political awareness and eternal vigilance on the part of citizens are necessary guarantees for the promotion of human freedoms. People are expected to be bold enough to express their opinion freely. In a society where people are selfish a system based on popular representations can’t work. Its worth motioning that Islam as a way of life has full capabilities to create such an ideal society in which people are held together by brotherhood feelings. Every individual is supposed to look after general interest of society. Fundamental Rights: Another prerequisite of liberty is that there should be a supreme law of the country namely, the constitution. It is the only constitution that confines the authority of the state. These fundamental rights protect the personal liberties of citizens from the state interference. Thus constitution safeguards the liberty of the people and it is a custodian of these liberties. Independence Of Judiciary: the judges are the interpreters of the constitution and the courts are the custodians of liberty of the people. So liberty can be enjoyed if there is an independent judiciary. It is completely free from the influence of legislator and executive. Only an impartial and independent judiciary can safeguard the rights and liberties of the people.

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Decentralisation Of Power: decentralisation of powers ensure a large participation of people in the democratic process of the country reduces work load and improves the efficiency of the government and prevents the rise of dictatorship. Laski observes that “the more widespread distribution of power in the state, the more decentralised its character. Free and Independent Press: this is another condition of liberty. A free and independent press ensures liberty of individuals. It makes available objective and unbiased news, criticises government policies and enables the people from correct attitudes towards various problems of the day. This information helps the people to choose their representatives in elections. Conclusion: to conclude that for safeguard of liberty there should be rule of law, constitutional protection of rights, separation of power, local government system, healthy party system and independence of judiciary.

Define law and explain the sources of Islamic Law. Introduction: Politically the term “Law” means rules and regulations enforced by the state. In every society, there exist rules that regulate the human conduct. Such rules may be reduced to writing or may flourish in the form of customs backed by the force of public opinion. It is appropriate to pin point difference between Islamic law and other state laws. Legally speaking laws consist of those rules and regulations enforced by the state. Whereas islamic law consists of the teachings of islam as a way of life. The laws enforced by an islamic polity, form only a part of whole scheme while other laws are to be acted upon by individuals and groups. Islamic law can be defined as the system of rights and obligations whereby a man can live a successful life in this world and prepare himself to the life hereafter. Islamic laws are in the nature of Commandments of Allah who is sovereign. Different terms are used for Islamic Law, which include Mohammedan Law, Muslim law, islamic Jurisprudence, Fiqh and Shariat.( Fish is understanding or knowledge).

Definition: According to Imam Abu Haifa “ Fish is knowledge of what is for a man’s self and what is against a man’s self”. According to Imam Malik, “ Science of commands of the Shariat in particular matters deducted by the application of process of reasoning”. Superiority: since islamic law manifests will of Allah, therefore do not reflect any class conflict. Divine source of laws of shariah stand as the most effective guarantee for the protection of human liberties. In capitalist democracies, as pointed out by Laski, laws represent the interest of the wealthy classes as they dominate the political scene. Islam, on the other hand rejects the rule of man over man irrespective that the supreme power has been ascribed to one person or to the society as a whole. All laws of Shariah reflect justice and FairPlay as they have been given to mankind by the Creator himself, that is why these laws provide guidance to mankind in all directions. Sources Of Law: the sources of islamic law are explained below:

Quran: the Holy text is the basic source of Islamic Law and fundamental principles for all aspects of social existence are lai down in it. A portion of these Commandments is permanent and eternal. It is to be noted that Quran is not strictly a book on jurisprudence, carrying all rules and regulations in a classified form as it happens in case of books of jurisprudence. Those verses that deal with legal and political issues

Page 5 of 15 were revealed unto the Holy Prophet (P.B.U.H) in steps at different times according to the need of conditions. That’s why legals codes are found in scattered form. The commandments of Holy Quran can be divided into two parts; one is flexible and other is rigid. Sunnah: the second main source is Hadith which is a compilation containing the actions and sayings of the Holy Prophet (P.B.U.H). The Holy Prophet( P.B.U.H) used to explain the verses of Quran and his own life was practical manifestation off the Quranic way of life. No human being could claim to be more expert in understanding the meaning of Quran than Holy Prophet (P.B.U.H) as he was Divinely guided. The Muslim Umma followed the example of Holy Prophet (P.B.U.H) also preserved his precedents as a sacred inheritance. later, Muslim Jurists developed a full-fledged science of Hadith and devised research methods to discriminate correct Hadith from the distorted ones. Sunnah is regarded as an important part of islamic jurisprudence. Ijma: Ijma means the consensus among the scholars on points of islamic Law. There has been controversy. Over the issue whether complete unanimity of opinion is required or a majority decision is sufficient? Moreover, this has been a debatable issue wether “ijma” of one generation is binding on the next or not? It is noted, that the Irma does not imply the consensus in the general public. Certain scholars are of the view, Allama Iqbal being the most important, that the modern form of Irma is the ijtihad through legislative assemblies. Qiyas: if no clear guidance is found in the basic sources, the jurists are allowed to resort comparison keeping in view the intention of the law giver and the spirit of law. Hence full weightage is given to human reasoning and judgment. The jurists have provided guiding principles even in respect of comparison i-e, “istehsan”, “istilah” and “istidlal”. Istehsan: while using reasoning in the interpretation of Islamic law, preference is given to opt that choice which is more appropriate to meet the needs of changing circumstances. This method was developed by Imam Abu Hanifa (R.A) though Imam Malik (r.A0 did not ignore it completely. Istislah: the method of interpreting islamic law is, to a greater extent, synonymous with Istihsan, i-e, to choose the way having more utility from the point of view public good. Imam Malik (R.A) gave much importance to this method. In fact, both these methods have common elements of utility respect of interference. Istidlal: Imam Shafi ( R.A) did not adopt both these methods while resorting to interference from the the fundamental sources. He laid emphasis on the application of reasoning and logic in matters of interpretation of Islamic law. Islamic Fiqah: last but not least important source is the intellectual contribution of Muslim jurists; Imam Malik (R.A), Imam Abu Hanifa( R.A), Imam Shafi(R.A0 and Imam Ahmad Bin Hambal (R.A). They develop a full fledged jurisprudence of islamic law in which legal principles and other codes of religion are found in a classified for i-e, divided into sections, class, etc. under different headings and titles. While codifying Islamic Fiqah, they kept into view all authoritative interpretations and developed this science on the basis of comparison and reasoning, all integrated with the demands of certain conditions. Conclusion: To conclude that Islamic laws are not specified for a particular people but are applicable at all times. In most cases, people have given the option to enact new laws within the broader framework of Shariah.

Define law and describe sources of law. What is law? Explain its sources and attributes.

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Write a short note on sources of law. What is law; describe the sources of law? Introduction: the term law has been derived from an old teutonic root “lag” which means that fixed or evenly. Law regulates the life and without law there is chaos and confusion. The term law is used to denote that which is uniform. The state operates through government and government interprets the will of state through law. Law is the vehicle of sovergnity. According to Oxford Dictionary of Law:” The enforceable body of rules that governs any society” Definition: “ Law as the king of, both mortal and immortal” by Pindar. “Every law is a gift of God and a decision of sages” by Demosthenes.

Source of Law: according to pot. Holland sources of law are as follows: Usages Religion Commentary of jurists Adjudication Judicial review Equity Legislation

Usages: usages had been the most primitive form of law, in the ancient societies, in the absence of established political authority, usages were the most effective regulating force. They commanded paramount position to an extent that even the absolute rulers could not dare to violate. These uses are not made consciously by any authority, they have an evolutionary and spontaneous growth. With the message of time, these usages become so deeply rooted and highly respected that most of social and economic relations are regulated by them. The sanction behind the usages is force of public opinion and general impression that they aim at betterment of the people. Such usages have been in practise for a long time, are generally given local recognition by the state. British Common Law for example is based on the usages being acted upon by English people for the last many centuries and the state courts have fully honoured these usages. Religion: religion had been an important source of law even in the remote past of the modern secular states. In the primitive (*ٔ-, )./! 10, )) societies, religion was not regarded merely a matter of faith dealing with ritual issues but it regulated human conduct in all phases of life. That is why spiritual leaders were regarded custodians of worldly affairs as well. Most of the early usages would also reflect religious beliefs. Ancient Roman Law, for example is a clear illustration. All laws of Muslims, from islamic standpoint, are sourced from shariah. In present secular societies private laws that regulate personal affairs of every community such as marriage, divorce or rules of inheritance etc. are derived from their respective religious faith. Commentaries of Jurists: the opinion of element jurists on law points, is another source of law. While setting disputes, even the courts consult the books carrying commentary of jurists and such books are held in esteem by people of legal profession in almost all societies. The examples are the commentaries of Gaius and Justinian on Roman Law, Coke and Blackstone in Britai...