The actual process of making law is hardly the point of lawmaking. What is important is the communication process between legislators, agencies, and the people and businesses they supervise. The process of lawmaking can be divided into three broad areas: legal philosophy, Common-sense, and Constitutional law. These areas are discussed in this article.
Legal philosophy
Legal philosophy is an area of philosophy that deals with the nature of law. The study of law and legal philosophy is distinct from other branches of philosophy, mainly due to its focus on what law is and should be, rather than on other perspectives. As a result, legal philosophy is excluded from most other branches of philosophy. Rather, it is relevant only to jurists.
Legal philosophy has many features that make it unique. It has a close association with the field of law, and it is both transversal and local. Some legal philosophers have a general approach to law and its practice. Others have a more specific approach, emphasizing the particulars of law.
Common law
Common law is a general legal term that refers to a body of rules and procedures that govern the conduct of a state’s citizens. Its development requires several stages of research, starting with the compilation of cases, statutes, and analogies in a variety of subject matter areas. These materials are widely cited in American courts and are regarded as highly persuasive authority.
In the United States, common law has been replaced by statutes in most areas, including criminal law, commercial law, and procedural law. Most states have held that these laws must be codified for public notice. In addition, common law evolves slowly, with little or no sudden change. Legislative processes are incredibly time-consuming, and legislatures tend to wait until a situation becomes intolerable before rushing to make changes to the law.
Common-sense
The title of the book, Common Sense in Law, belies its content. While common sense as a topic barely enters the text, it is an introductory primer to jurisprudence in 1912 England. The book is written in the style of a freshman law class and has the feel of a classroom lecture.
Common-sense gun laws would prevent mentally ill people from buying guns. In fact, when President Obama was in office, he put a law in place that required the Social Security Administration to submit mental illness records to the FBI’s background check system. This requirement would have checked whether the gun purchaser had a history of mental illness. It also failed to check the shooter’s mental competence.
Constitution of India
The Indian Constitution is the supreme law of the country. It sets the structure, procedure, powers and duties of all government institutions. It also lays out the fundamental rights and duties of citizens. Among other things, the Constitution defines the roles and responsibilities of individuals and the government. Ultimately, the Indian Constitution outlines the fundamental rights and duties of citizens.
The Constitution was adopted in 1949 and is one of the oldest post-colonial Constitutions in the world. Most newly independent states have undergone constitutional amendments or revolutions, but the Indian Constitution has proven to be a stable and effective document. It is one of the longest in the world, with 395 articles and eight schedules of administrative detail. It has been amended over 101 times since it was drafted.
Separation of powers
The separation of powers is a key element of the Rule of Law. It prevents the concentration of power and gives each branch the appropriate weapons to deal with encroachment. In the United States, the separation of powers is enshrined in the Constitution. Nevertheless, it has been the subject of much debate.
The separation of powers doctrine has been used to support or refute different types of political and executive actions. This report examines the philosophical and institutional foundations of this doctrine and examines how it is reflected in the U.S. Constitution. It also examines the role of separation of powers in modern politics.
