The concept and main features of law
Laws
are enforced with the objective of controlling man’s external
behavior and actions
It is imposed by the government based on authoritative power
Law
is
a
system of generally binding, formally determined juridical norms
established and provided by the state and directed to the regulation
of public relations.
Law
is
the normative and legal act adopted in especial procedural order by
the organ of legislative power or referendum, has the highest
juridical force and regulates the most important public relations.
Law explains what required, permitted or prohibited behavior in
advance of the action.
Characteristics of Law
Law
should be enforced for general social welfare
Violation
of Law is a punishable offence
Law
changes according to the changing social needs and desires
Law
should be spelt out clearly and concisely
Block diagram 1-2. Characteristics of Law
The main features of law |
It is a set of rules |
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It has certain amount of stability, fixity and uniformity |
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It is created and maintained by the state |
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It is backed by coercive authority |
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Its violation leads to punishment |
|
It is the expression of the will of the people and is generally written down to give it definiteness |
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It is related to the concept of 'sovereignty' which is the most important element of state |
Figure 1-4. The main features of law
Sources of law
The legal system of the Republic of Kazakhstan, along with legal systems of Italy, France, Germany, Austria and other countries, belongs to the Roman-German (continental) legal system. As opposed to the Anglo-Saxon legal system (England, the USA), where judicial precedents are the main legal sources, Roman-German legal system has a single hierarchically structured system of enacted law sources. Written constitution (fundamental law) plays the essential role among the law sources in the Roman-German legal system, and has the supreme legal force. In accordance with the article 4 of the Constitution of Kazakhstan, the Law in the Republic is made of the norms of the Constitution, laws which conform to the Constitution, other normative legal acts, international treaties and other obligations of the Republic of Kazakhstan, as well as normative resolutions of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan.
Sources of law means the origin from which rules of human conduct come into existence and derive legal force or binding characters. It also refers to the sovereign state from which the law derives its force or validity. In developing an infrastructure project, it is important to identify which sources of law apply in the host country and their relative weighting. There are a number of different sources that are used to define the creation and force of law, though not all are used equally. Some examples of sources include legislation, government regulation, court decisions, and custom.
Sources
of Law
Customs
and manners
Judicial
decisions
Religion
(Quran, Bible)
Statutes
(President)
Normative
(standard) act (Criminal Code, Civil Code, etc.)
The
Constitution
Block diagram 1-3. Sources of Law
1. Customs and manners
Customs and manners are the oldest sources of law. Customs and manners accepted by the society became social laws. These are also known as Customary Law.
2. Religion
In the primitive societies in particular one notices that Law was based on religion. Muslim Law and Law pertaining to temples are examples of such laws.
3. Judicial decisions
The various decisions and conclusions taken by the law Courts in dispensing justice, to form sources of Law. These decisions are used as precedents in subsequent judgments.
4. Statutes
Statutes are a very crucial and powerful source of law. The framing of laws necessary in administration has been done through statutes.
5. The Constitution
The supreme law of a country is its Constitution. It is essential that every Law made by the legislature or by any other means should be consistent with the Constitution.
6. Normative (standard) act
One of the laws. Sources is The normative act is issued by a competent body and establishes, amends, or abolishes rules of law. The precepts of the normative acts are usually general and are aimed at regulating particular types of social relations.
Hierarchy of the law sources in Kazakhstan is determined by the Law of the RK on March 24, 1998, “In Normative legal acts.” In the accordance with the 4th article of this Law, Constitution of the Republic of Kazakhstan has the uppermost legal force. Following the Constitution, all normative legal acts are arranged in the hierarchy presented below:
1 |
Laws which modify and amend the Constitution |
2 |
Constitutional laws and Edicts of the President of the Republic of Kazakhstan which have a force of Constitutional law |
3 |
Codes of the Republic of Kazakhstan |
4 |
Laws of the Republic of Kazakhstan, as well as Edicts of the President having force of the law |
5 |
Normative resolutions of the Parliament of the Republic of Kazakhstan and its chambers |
6 |
Normative edicts of the President of the Republic of Kazakhstan; |
7 |
Normative resolutions of the Government of the Republic of Kazakhstan |
8 |
Normative legal acts of the ministers of the Republic of Kazakhstan and other heads of central state authorities, normative resolutions of the central state authorities and normative resolutions of the Central Election Committee of the Republic of Kazakhstan |
9 |
Normative legal orders of the heads of the branches of central state authorities |
10 |
Normative legal decisions of Maslikhats (local representative body), normative legal degrees of Akimats (local executive body), normative legal decisions of Akimats |
Figure 1-4. Sources of Law