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Codification, Kinds of Codification, Merits and Demerits of Codes in legislation process

Introductory Remarks During legislative process many terms we used in law sense like litigation, statue, ordinance, codification process and rules of interpretation of laws. In below we discussed about the terms codification and interpretation of laws in legislative terms and we define and elaborate these terms according to different jurists. English jurisprudence play vital role in codification and interpretation of laws in different sense. Definition of Codification of Law According to the Oxford Dictionary: " Code is a systematic collection of statutes, body of laws, so arranged as to avoid inconsistency and overlapping." This definition of codification is not exhaustive because it does not include common law and case law. In fact, codification is the systematic precess and reduction of the whole body of law into a code in the form of enacted law. Codification implies collection, compilation, methodical arrangement and reduction to coherent form the whole ...

Justice. Meaning of justice and different stages of criminal administration of justice

Introduction Any concept of state or any society does not exist without justice. George Washington said the administration of justice is the firmest pillar of the government. Law exists to bind together the community. It is sovereign and cannot violate with impunity. The most essential function of the state is basically two. War and Administration of justice. If a state is not capable of either one or both of these functions they cannot be called a state. Meaning and Definition of Justice If we define the term 'Justice' means, "Fairness in the protection of rights and punishment of wrongs". So according to Salmond "Administration of justice implies the maintenance of rights within a political community by means of the physical force of the State".   The necessity of the Administration of Justice In the word of Jeremy Taylor: "A herd of wolves is quieter and more at one than so many men unless they all have one reason in then or h...

Definition of Legal Drafting, standard format of legal writing and basic principles of legal text

Define Legal Writing: Legal writing means the way to express something in writing with legal terminology to get the facts and figures about the matter under consideration. For that we first must knowledge about different legal terminologies and completely understand the under-consideration matter. Legal writing or drafting and codification process of legal terms are likely to be same things but they are different in nature. Every good and excellent piece of writing always consists of three parts: the introduction, the middle, and the conclusion. Similarly, good legal drafting can also be said to have these three parts. In the introduction, we provide a brief overview of the case. In the middle section, we elaborate on the details, along with the legal rules and provisions relevant to the matter. Finally, in the conclusion, we make a plea or request for resolving the issues. In the below we discussed principles of legal drafting. Principles of Legal Drafting:  1) Draft for ...

Interpretation, Meaning and rules of interpretation of Law and general principles of interpretation of statutes

Introductory Remarks Interpretation of written legal document is fundamental to the process and practice of law. Interpretation takes place whenever the meaning of legal documents must be determined. Lawyers and judges search for meaning using various interpretive approaches. It is essential before understanding the concept of Interpretation of any legal document we must know the concept of codification and type of codification of legal document .In the below we discussed these interpretative approaches in details and discuss meaning and concept of interpretation in law and rules of interpretation in written legal documents like constitution, statutes etc.  Definition of Interpretation of Law Interpretation means the process of determining the intended meaning of  written legal document like constitution, statutes, contract, deed or will etc.  Concept of Interpretation of Law Interpretation in Law has different meaning. Indeed the word "interpret" itself mu...