Public law summery assignment

Public law  summery assignment    

Special thanks to lecture muuse axmed ciise

Date: 16/4/2016er

Faculty law: BA/ 2

Subject: public law

Pre: std/ abdirisaq haji omar ibrahim 

                                                        Law

is social phenomenon one of the characteristic 

 manifestations of social life in very human consortium grouping alongside other phenomenon such as (religion customary politics manages the legal phenomenon so you can say that the terms society and law are interdependent …

Legal rules also rules of human conduct but unlike the rules of the religion customary have the character of mandatory in the sense that the recipients feel imperative obligation of compliance

                  The legal system

 It is said that the law consists of legal norms that contribute to the formation of system and also make possible  to  achieve the different  proposes for which  made up so every legal entity which has gained its  own organization more or less stable and thus its own internal  order to reducing units of elements that  make it  up especially individuals who are  part .b/w the legal systems the more the perfect and even the most complex is the state system ……..

The plurality of  legal system

Once is satisfied or clarified the concept of  law it results or resolves in the legal system

Are original the international system and state system of the Cattolic church they have their own autonomy and not repeat the foundation of their social structure by any other system legal system are derived however the system of particularly  union of state compared to the international system the system of city the province .

difference b/w  public law and privet law 

   Public is the law referring person     who have authority and supremacy and   privet law is the referring to private individual who do not have such authority or even possessing it do not use public is every law headed to the state and city these are establishments with emporium parties   public law is the law which refers to the private parties which does not have supremacy public law when the norm takes into account the general interests of  society and privet law  when the norm reflects special interest of individual

Public legal persons

being legal artificial creations are in the mode themselves of their of their target on the grounds that the law ascribes to public law or private law  the case of this criterion public entities are to be defined                     

   firstly  by the state which represents the legal system in its unit secondly legal persons are planned to operate as auxiliary bodies of the state

Public institution

 without personality  are numerous in the modern state legal  system we shall only mention the two (organs and institution )

a)organs  are the ministers the police education authorities the presidency of the republic

b)institution :are however  many state schools museum libraries

classification of public legal entity

Divided in to two  (foundation corporation )

A)foundation  are pubic  entities that consisted of assets

B)corporation are public legal person  that have among their elements of individual the first corporation colled also associations have for the objective the second foundation also called instate their asset directing  their  assets to satisfy or fulfill their interests of individuals outside the institution .

Public corporations are  :state ,region destructs , the municipalities .

Public foundation :are public institutions of charity.

Corporation can be :

Ø Necessary  if  membership is forced to it .

Ø Voluntary basis if such membership is not forced.

         

Subjective legal facts

Subjective legal facts are made due to the human activity and consider legal as it is preferable to such activities and are divided  lawful legal acts and lawful acts .

Lawful legal acts is divide into two subspecies : voluntary acts in the strict sense and legal transactions .

Voluntary act does not have  a will (determination ) direct to achieve an event but to do something  that could follow or not to follow and event or result .

Legal transactions are those acts in which the manifestation of the will of  a subject direct  to  achieve  certain effect .

Unlawful acts and their consequences

Unlawful or wrongful act are voluntary acts aimed at achieve effects not recognized by the law .

Qualifies criminal responsibilities : the responsibilities that follows the facts admitted by the rule of law as crimes and created penalty imposed on the person of the agent.    

        

   Partition of public law

the public law is a very broad field  which includes objects of investigation very complex and diverse .

a first large partition covers the whole public law and is direct to distinguish the internal public law from the international law .

international laws encompass or covers a legal system in its own law completely autonomous then the state legal system, and like this character of origin the international law can be defined the law of international community or thelaw which regulates relationship  b\w the states or other sovereign entities assimilated.

The internal law are natural persons and legal persona operating the state orbit .

Constitutional and administrative law .

the constitutional law is the part of law of the state in general which represent fundemental structure in other words is identified with the supreme legal system or law of  the state.

The constitutional law make public or reveal the existence of the state which begins to  have life when its constitution.

The constitution law  is turned to:

Ø Regulate the formation, and action of constitutional bodies .

Ø The legal status of head of state

Ø The appointment of the prime ministeror the ministers and their activities as organs of the government in their relation with head of state and with the legislative assemblies .

Ø The constitution guarantees of the judiciary.

Ø The contributions of the various functions various constitutional organs of the state

Ø The relation b/w the state citizens.

 

         Criminal law

The criminal law one of the main purposes which consist in ensuring the maintenance of public order and social peace.

 With respect to civil jurisdiction is criminal jurisdiction which to operate presupposes a complex of substantive rules aimed at forecasting /predicting and repression or control of those particular unlawful acts that are said crime .

State is the one who gives rise to the criminal legal relationship which determines the limits of extension and termination of the offence .

          Procedural  law

Procedural law is the body of legal rules that govern the process for determining the rights of parties.

 Substantive and procedural law are the two main categories within the law .

Substantive law refers to the body of ruled that determine the rights and obligations of the individuals and collective bodies.

Procedural law is found both in the civil jurisdiction and criminal jurisdiction.

     Labor and trade union law

All countries of the worlds today has taken on gradually increasing  intensity working hand in  hand with the development of the controlled economy which contained  and addressed economic liberalism.

The domain of the forces and the factors of  labor and economics  commits or obligates authority and efficiency of the state apparatus to the highest decree so, you can understand the close connection of  labor law and economic law in public law .

   Subjective faded ( weakened) Rights.  

The most important example you would in the subjective right of  private  property was rise prefect but expense of which the state or other public bodies may in the course of time, proceed to expropriation for public utility.

In this and similar cases, it will be in the presence of rights which may subsequently faded or weakened.

 The interests of public law

Its possible that the individual  has a particular in this legal norm to be observed  and this is constituted of two elements : the existence of a norm and existence of specific interest .

You can affirm in the presence of legitimate of private interest will be guaranteed only as coinciding with the general interest protected  by the norm.

Duties and public burdens

The individuals have rights and duties they are public rights and also public duties .

The public duties may be classified :

Ø Duties of personality such the duties related the quality of citizen .

Ø Duties of function for example political duties , such as the citizen’ duty to exercise  the function of elections .

Ø Performance of duties such the duties  of the state to provide public education and duties of owner to deliver the item legally  required .

Ø Duties of monopoly such as the duty of citizen to refrain from any action inconsistent with the monopolies exercise by the state.

The subjective of the law

Our purpose is to illustrate particularly the domestic  or internal public law which is state law  .

The fundamental principle of any modern state according to which the personality is attributed  not only the individuals who make the people ( citizen) but also foreign as well as stateless persons .

The rules of the constitutional

They have to do political conduct apply the relationships  b/w those who assume the exercise of public power determined the behavior regarding  the wisdom /knowledge, diligence/carefulness to be followed by  average type  of politician.

Constitutional norms of conduct must keep the ministers and MPs during a crisis  of government ministers and head of state in the certain  circumstance.