COMPARATIVE PERSPECTIVES ON PUBLIC AND PRIVATE LAWS - A STUDENT HANDBOOK

Download or read book COMPARATIVE PERSPECTIVES ON PUBLIC AND PRIVATE LAWS - A STUDENT HANDBOOK written by Mr. Sayed Qudrat Hashimy and published by Institute of Legal Education. This book was released on 2023-07-25 with total page 184 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of law is a pursuit that requires deep exploration and understanding of its fundamental principles and their application in different legal systems. The complexities of law can be both intriguing and challenging, and a comprehensive analysis of the dichotomy between public and private law is essential to grasp the nuances of legal relationships and remedies. In this book, we embark on an intellectual journey, meticulously examining the dichotomy of public and private law and its significance in the legal landscape. We begin by tracing the genesis of public law and unraveling the boundaries that distinguish it from private law. Exploring the parties involved, the nature of legal relationships, and the remedies and procedures available, we lay the groundwork for a comprehensive understanding of this multifaceted dichotomy. As we delve deeper into the subject matter, we challenge existing notions and encourage readers to rethink the boundaries of public and private law. The separation of powers, a cornerstone of democratic systems, assumes a new dimension as we analyze its evolving nature and its influence on legal systems across the globe. We explore the transformation of natural law and its impact on the domain of public law, shedding light on the dynamic interplay between legal principles and societal changes. Furthermore, we explore the role of public and private law in the era of globalization, recognizing the interconnectedness of legal systems and the challenges posed by an increasingly interconnected world. By examining the rule of law and the doctrine of separation of powers in Islamic and socialist legal systems, we gain valuable insights into alternative approaches to legal governance and the protection of human rights. A comprehensive exploration of civil legal systems, including the Romano-German legal system, mixed legal systems, and common law traditions, forms a crucial part of our analysis. From Germany to France, Switzerland to Finland, and beyond, we examine the constitutional frameworks, judicial independence, court systems, and legal aid provisions that define these legal systems and shape their application in society. As we traverse through the chapters, we also explore the legal systems of Japan, the United Kingdom, the United States, Ireland, Canada, Australia, Singapore, South Africa, and India, unraveling the intricacies of their legal frameworks and the principles that underpin them. From written constitutions to the structure of governments, from the powers of the judiciary to the protection of fundamental rights, we delve into the unique characteristics of each legal system, offering a comprehensive analysis for readers. Additionally, we delve into the principles of natural justice and their significance in the Indian legal system. We explore the role of the Ombudsman in India, the right to information, and the juxtaposition of private and public laws, providing valuable insights into the evolving landscape of legal governance in India. Moreover, we delve into the socialist legal systems of Russia and the People's Republic of China, analyzing their written constitutions, governance structures, and the role of the judiciary within their legal frameworks. By examining the incorporation of rights and duties, the rigidity of the constitution, and the hierarchy of courts, we gain a deeper understanding of the legal systems of these nations. Finally, we explore the Muslim legal systems of Iran, Kuwait, the United Arab Emirates, and Saudi Arabia, shedding light on their unique characteristics and their influence on legal governance within these nations. Through our exploration of private and public law, we also analyze the practices of states, the interpretation of constitutions, the philosophy of rights and liberties, and the right to equality. Furthermore, we delve into the jurisprudential aspects of private and public law, examining influential theories and concepts that shape our understanding of legal systems and their functioning. This book serves as a comprehensive guide for legal scholars, practitioners, students, and anyone interested in gaining a deeper understanding of the complexities of public and private law. Our aim is to facilitate critical thinking, foster academic discourse, and contribute to the advancement of legal knowledge in a rapidly changing world. We invite you to embark on this intellectual journey, exploring the intricacies of legal systems and gaining a deeper understanding of the dichotomy between public and private law. Happy reading!