Of the great variety of kinds of argumentation used in the law, some are persuasive rather than strictly logical, and others exemplify different procedures in applied logic rather than the formulas of pure logic. From that point onward, a more or less continuous history of such reflection can be traced up to the present day. As is true with the history of philosophy more generally, one can observe over the centuries changes not only in the theories set forth but also in the central questions about law that such theories were meant to answer.
How to Write a Summary of an Article? Thus a police officer has the power to arrest you while no other private person has this power. This is not violation of rule of law.
Similarly medical practitioners are controlled by medicalcouncilofIndia Certain members of society are governed by special rules in their profession i. Such classes of people are treated differentlyfromordinarycitizens.
Article 14 Permits Classification But Prohibits Class Legislation The equal protection of laws guaranteed by Article 14 does not mean that all laws must be general in character.
It does not mean that the same laws should apply to all persons. It does not attainment or circumstances in the same position.
The varying needs of different classes of persons often requires separate treatment.
From the vary nature of society there should be different laws in different places and the legitimate controls the policy and enacts laws in the best interest of the safety and security of the state. In fact identical treatment in unequal circumstances would amount to inequality.
So a reasonable classification is only not permitted but is necessary if society is to progress. Thus what Article 14 forbids is class-legislation but it does not forbid reasonable classification. Article 14 applies where equals are treated differently without any reasonable basis.
But where equals and unequals are treated differently, Article 14 does not apply. TestOfReasonableClassification While Article 14 frobids class legislation it does not forbid reasonable classification of persons, objects, and transactions by the legislature for the purpose of achieving specific ends.
It must always rest upon some real upon some real and substantial distinction bearing a just and reasonable relation to the object sought to be achieved by the legislation. Classification to be reasonable must fulfil the following two conditions Firstly the classification must be founded on the intelligible differentia which distinguishes persons or thing that are grouped together from others left out of the group Secondly the differentia must have a rational relation to the object sought to be achieved by the act.
Thus the legislature may fix the age at which persons shall be deemed competent to contract between themselves but no one will claim that competency. In view of this the propositions laid down in Damia case still hold good governing a valid classificationandareasfollows.
A law may be constitutional even though it relates to a single individual if on account of some special circumstances or reasons applicable to him and not applicable to others, that single individual may be treated as a class y itself 2. There is always presumption in favour of the constitutionality of a statute and the burden is upon him who attacks it to show that there has been a clear transgression of constitutional principles.
In order to sustain the presumption of constitutionality the court may take into consideration maters of common knowledge, matters of report, the history of the times and may assume every state of facts which can be conceived existing at the time of the legislation. Thus the legislation is free to recognize degrees of harm and may confine its restriction to those cases where the need is deemed to be the clearest.
The classification may be made on different bases e. The classification made by the legislature need not be scientifically perfect or logically complete. Mathematical nicety and perfect equality are not required. Equality before the law does not require mathematical equality of all persons in all circumstances.
Equal treatment does not mean identical treatment. Similarly not identity of treatment is enough. There can be discrimination both in the substantive as well as the procedural law.
Article 14 applies to both. If the classification satisfies the test laid down in the above propositions, the law will be declared constitutional.What Makes A Just Society? Throughout history, people have been trying to create an improved, fair, and equal system of justice, not only to better society in which one lives, but to also find a sense of meaning in what responsibilities people should hold within their civilizations in order to create this just way of living.
To enter the Contest, entrants must submit an essay written by the entrant (“Essay”) that complies with the following submission guidelines: (a) the Essay must be written in English and must be approximately words; (b) the Contest’s theme (‘Love in Action’) must be at the heart of the Essay; and (c) the Essay must comply with.
A constitution is a set of rules that establish duties and functions of the government and defines the basic principles to which society must conform. In this essay I will discuss the advantages and disadvantages of an unwritten constitution and show that I agree with this statement. Locke starts off by arguing that the governing factor in civil society must be the majority, for practical reasons.
By entering into civil society, the individual submits him or herself to the majority, and agrees to abide by the rules and decisions of the majority. Locke then addresses two. The Verb Recognize a verb when you see one. Verbs are a necessary component of all r-bridal.com have two important functions: Some verbs put stalled subjects into motion while other verbs help to clarify the subjects in meaningful ways.
Rules and laws that all citizens must abide by govern our society. Laws are important any were you go because it tells you what you can and cannot do in society.
Without laws we would be free to do whatever we want, but at the same time destroy our community and our society will deteriorate.