Advertisements
Advertisements

Monday, October 8, 2018

Public international law

By  October 08, 2018   No comments

Public international law
The definition of international law
The public international law may be defined as the body of Rules which determine the rights and duties of states among their mutual relations whether during peace or during wartime as well as the relations with the various international institutions
This definitions means that the international law rules which determine the conduct of the state in dealing with each other and rules relating to the functions of the international institutions or organisation and their relations with state 

The nature of international law

In discussing the nature of international law we have to consider that there are some writers who are going to say the international law is not true law but a code of Rules of conduct of moral Force only.
According to that openion the law is true law only when there is an authority vested with the making of law, another vested with the settlement of conflicts which arise between Persons and a third vested with the pursuing of the execution of decisions and judgements pronounced and decleared such is not the case of international law, because the states do not recognise the existence of high authority to which they feel bound to obey.
In another term there is no legislative authority above the states to lay down rules of international law, there is no judical authority to ensure respect of the National law and there is no executive power to execute decisions adopted so the international is not true law this opinion Is not exactly true for the following reasons
1. If it is being the truth that there is no legislative authority in the international field but it has been true also that there is a system of law being in force and observed in many Communities without a formal legislative authority
2. Although,the States themselves is lat down the rules of international law by customs or by treaties but we can say that a great mass of international legislation has come into existence as a result of Law making threats and conventions which had been concluded by the States
3. It is known that the judical authority in international system is represented by arbitration tribunas and by International Court of Justice
4. After the court of the United Nations had been concluded in 1945 in San Francisco the rule of public international tended to be most effective
For these reasons we can say that the rules of international law are true law


Differences between the internal law and international law

There are fundamental differences which distinguish public international law from the internal law hereinafter some of these differences reviewed
1. Internal or municipal law is practised inside the state where as the public international law applies to the external relations of states with other States or with international institutions
2. The pearsons of the internal law are the individuals of which state in composed all these individuals submit to a common high authority whereas the principal persons of public international law are the state themselves which are considered independent sovereign political bodies
3. Inside every state there is an authority vested with the making of law another was the settlement of conflicts which arise between individuals and a third with the purssuing of execution of decisions and judgements pronounced and declared such is not the case with the public international law


also read




Read More

Classification of law part3

By  October 08, 2018   No comments
Classification of law

The financial law
The financial law is a branch of public law which deals with expenditure and the income of both the state and the public persons
The total of the public income and expenditure constitutes the state budget . The Wanted it means the act by which the outgoings and incoming of the state are predicted and authorised for a fixed period of time
Therefore, the science of finance studies the different methods by which public Pearson secure the resources necessary for the satisvacation of collective needs which these public persons are charged to fulfill and the rules to be followed while effecting these outgoing and incoming

Private law

Subdivision of private law
 
The private law as we have already mentioned comprises all the rules that Govern the relations of private persons among themselves family relations produced by Marriage and pecuniary and resulting from Exchange between individual the private law is composed of one main branch and three subsidiary branches which are detached from it .
The main branch is civil law the subsidiary branches are the commercial law, the law of civil and commercial procedures and the private international law

1. the civil law

The civil law is the principal branch of the private law and governs relations of ordinary citizens, these relations may affect the person himself and are called matters of personal status or may affect only his property and are called matters of real status
thus, civil law is divided into classes the law of person and the law of things
The law of persons or the family law deals with legal capacity, marriage and divorce rights and duties of parents towards their children guardianship
The law of things deals with ownership obligations, special contracts sale ,insurance, lease...etc

2. Commercial law

Commercial law is the law which deals with trade in general ian's rules which regulate the relations among merchants such as partnerships and companies bills of exchange, commissions, agency ,bankruptcy
Commercial law is not so general as civil law it does not relate to the generality of the members of the State

3. The law of civil and commercial procedures

The law of procedures is generally considered as a branch of private law it deals with actions by which rights can be enforced or defended before courts it contains the rules which organise courts the conduct of the law by which the individual to protect his rights as stipulated in the civil or commercial law and the methods of the execution of judgements

4. Private international law

Private international law contains the rules which determine the law to be applied and the court within whose jurisdiction the matter lies.
The necessity of determining such law and such Court arises when there is a special relation containing a foreign element
thus if an English man buys a piece of land situated in France belonging to the Egyptian what is the law which governs the sale?
Is it the English law Egypt Sharia law or the French law? And if a controversy arises between the buyer and the seller what are the gorgeous which have jurisdiction about the controversy? The English courts? The Egyptian courts or the French courts?
It is the function of private international law to determine the law to be applied in the court before which the case must be examined
It governance early relations of a special class namely the legal business transactions carried out by merchants whether between themselves or with their clients




also read




Read More

Exceptions from Criminal liability

By  October 08, 2018   No comments



Exceptions from Criminal liability
This can be summed up as follow
1. Insanity
2. Infancy
3.Drunkenness
4. Ignore or mistake
5. Compulsion or duress

1. Insanity

The law presume sanity and therefore it is for the Defence to prove insanity. To establish a defence on the ground of insanity we must prove beyond doubt that at the time of committing the act
The accused was Labouring under such a defect of Reason from disease of mind is not to know the nature and guiltiness of the act he was doing or if he did know it he didn't know what he was doing was wrong.
Criminal proceedings cannot be taken against a man who has become insane.
hysterical amnesia resulting in loss of memory with regard to the effects which are the subject of the charge can not of itself constitute insanity.
Uncontrollable impules is not a defence in law

2. Infancy

A child under seven years is irrebuttably assumed to be young to be guilty of a criminal offence
Children between 15 and 21 are fully responsible from a criminal point view but there are restrictions about the punishment which may be imposed upon person's under 17

3. Drunkenness

Drunkenness in the ordinary sense, no excuse for the commission of a criminal act since it is produced voluntarily but if it is produced by others through no fault of the accused it is a good defence

4. Ignorance or mistake

Or mistake of law will never excuse but mistake of fact will excuse if the mistake was responsible and was such that had that supposed circumstances been real the action would have been no lawful 
5.compulsion or duress
someone who commits a crime not of his own free will because he is forced by someone also to do so is excused

Specific offences

Offences maybe
1. Against the state
against the person
against property 
Offences against the state include the following
1. Offences against the government such as treason, sedition, coinage offences

2. Offences against puplic peace such as rout and riot affray blackmail libel
3. Offencesagainst public Justice such as perjury
4. Offences against international law
5. Conspiracy
6. offence of vagrant
Offences against the person include homicide , murder, suicide child destruction, infanticide, concealment of birth attempt to procure abortion, sexual offences assaults , motoring offence and bugamy
Offences against property and these include larceny, robbery embezzlement, falsification of accounts, obtaining credit by fraud, cheating receiving stolen property forger uttering, arson, housebreaking 
offences



also read



Read More

Saturday, April 21, 2018

Classification of law

By  April 21, 2018   No comments

introduction
Classification of law

From olden days a human being cannot live in isolation with his neighbours
 buying and selling to satisfy his needs his relations between him and other in that Society created some sort of reports which should be regulated the authority which rules the society but is it necessary ruins rules to regulate those rapports therefore the law appears to organise the relations in the society in other meaning the regulates the behavior and conduct of the people in this study we briefly explain the principles what was the law to the student who doesn't know the branch of sciences sussed trust says thus divide this this is the city u d y study into two parts we study the theory of f law is the first part 
and the theory of rights in the second part

Classification of law

the basic of law division is in public and private law. This classification is based upon a distinction between the public or private character of the persons concerned.

public law is that wich regulates relations of public persons among themselves or relations arising between public person either the state or one of its authoritieswhether legislative, excutive or 
judicial.

private law concerning with the relation of private person among themselves


Subdivision of public law

Public law includes several branches constitutional law, administrative law, the criminal law, the public international law, and the financial law

1- The constitutional law
It means that branch of public law of a state which streets organisation end frame of government the organs and power of sovereignty authorities and functions
The fundamental which are to regulate nations of government and subject and prescribers generally the plan and Method according to which the public affairs of the state are to be administrated


The works on constitutional law usually deals  with the state in relation to maintenance off order and the defence of the state rather than with it's expanding activities in social economic sphere

It is new gardening tool the letter that the average citizen comes face to face with the official in the course of day-to-day administration but his fundamental freedoms more likely the infringed in relation to the maintenance of order it is in this sphere that the courts are likely to be in conflict with the executive and it is to the courts rather than the parliament is it the citizen resorts for the redress of his individual grievances

thus a b text book unconstitutional law can cover only a part of the vast field uS government n status of 
ministers but not the details of services such as education or housing this is left to administrative law



The criminal law

Criminal law is that branch of law which relates of offences that may be the subject of criminals proceedings instituted for the punishment of the offenders any act or omission which may be the subject of such proceedings is a criminal offense
thus a crime can be defined as n an offence against the state not necessarily violating any private right end punishable by the state here we have two distinguish between breeches of law which are crimes and those which are merely illegal without being criminal
A criminal offence is essentially characterised by the fact it intails a liability to banishment by the state and not payment of damages by way of competitions to the injured party while a tort is a civil wrong for which the remedy is an action for compensation in the form of unliquidated damages an offence can be both a tort and a crime houses is it in the case with assault and libel.
If an offence is known to be a crime one test to ascertain if it also a tort is to see if it damages any particular individual

Objective of criminal punishment

The main object of criminal law to punish the offender and not to compensate the person injured
Criminal punishment acts upon
1. The body of the Offender by depriving him either permanently or temporarily of there power to repeat the offence
2. The mind off the offender by striving to villavent him frome repeating the offence by the terror it inspires 
3. The mind others by striven to deter them from committing offense 
Division of crimes
According to the Egyptian penal code crimes are divided into three kinds as follow
. felonies
.mesdemounours
. Contraventions
those classification is based on the seriousness of the offence
egyptian penal code specifies the crimes that come under each of these decisions there is no crime without law and no punishment without a text 
In case of felonies the punishment inflicted maybe
. Capital punishment
. penal servitude for life
. Penal servitude
. Imprisonment if not less then 3 years
misdemeanours are punishable by
. A fine of not less than £1
. Imprisonment for a period of not increasing 3 years
. Conservation are punishable by
. A fine not exceeding £1
. Detention for not more than one week
Essentials of a crime
As a general rule crime involves guilty conduct and guilty intention
Guilty conduct may consist of an act or omission. Or omission constituting guilty conduct is known as ACTUS REUS which must be an act prohibited by law.
In case of omission a person is not generally held criminally responsible unless he was under a legal obligation or agreement to take action in the circumstances is which he was placed
Guilty intention (MENA REA)
Exhibition used to deonte 
1. The accused attitude of mind to what he was doing
For example without his conduct a
was or was not voluntary
. The accused's foresight of the consequences of what he was doing
among the essentials are the following
1. Malice which may be malice in fact malice in-law
malice in fact indicates the existence of some direct purposes, unlawful or immoral in committing a crime
.malice in law 
It shows the absence of some legal excuse for doing an act unlawful
. attempr which is some physical act which helps in a sufficiently proximate degree towards carrying out and contemplated indicatable crime
A mere intention to commit a crime is not punishable if no steps are taken to carry it into effect but an attempt to commit a crime is in itself offence and therefore punishable
Impossibility of performance doesn't of itself render the attempt gulitless I.e  attempt to pick a pocket which is in fact empty

3.Incitement to incite another to commit a crime is in itself a crime whether the other consents or refuses to do what he is asked to do so it is punishable

you can also read
Read More