what do you mean by law? explain the validity of pre constitutional and post constitutional laws

Hii There,

Law refers to a system of rules and regulations that are created and enforced by a governing authority to regulate behavior and ensure justice and order in society. These rules can be derived from legislation (statutory law), judicial decisions (case law), and custom.

Validity of Pre-Constitutional Laws:

1. Continuation : Pre-constitutional laws that are not explicitly repealed or amended continue to be valid unless they are inconsistent with the Constitution.
2. Subject to Constitution : Pre-constitutional laws must conform to the provisions of the Constitution. If any law contradicts the Constitution, it becomes invalid to the extent of the inconsistency.
3. Laws in Force : Laws in force before the Constitution came into effect are deemed to be laws made by the appropriate legislature under the Constitution, unless they are repealed or amended.
4. Rights and Liabilities : Pre-constitutional rights and liabilities continue unless altered by subsequent laws or actions taken under them.

Validity of Post-Constitutional Laws:

1. Conformity : Post-constitutional laws must conform to the provisions of the Constitution. Any law inconsistent with the Constitution is void to the extent of the inconsistency.
2. Amendment or Repeal : Post-constitutional laws can be amended or repealed by the legislature, subject to the procedures and limitations prescribed by the Constitution.
3. Judicial Review : Post-constitutional laws are subject to judicial review by the courts to ensure their conformity with the Constitution.
4. Enforcement : Post-constitutional laws are enforceable from the date of their enactment, unless otherwise specified in the law itself.

I hope this answers your question.

Thanks

Hello,

Law refers to a system of rules and regulations that are enforced through social institutions to govern behavior within a society. These rules are established by governmental authorities and are binding on individuals and organizations.

Pre-constitutional laws were established before a constitution was adopted, and their validity depends on whether they conflict with the principles of the constitution. Post-constitutional laws, enacted after the adoption of a constitution, must conform to its provisions to be considered valid. In both cases, laws that violate constitutional principles may be deemed invalid.

Hope this helps,

Thank you

Law refers to a system of rules, regulations and principles established and enforced by a governing authority to regulate behavior and maintain order within a society.

Validity of pre constitutional laws:

• The laws that are enacted before the adoption of a construction.
• Their validity depends on weather they conflict with the principles and provisions of constitution adopted subsequently.
• If a pre constitutional law aligns with the new constitution, it remains valid and continues to be enforced.
• However, if it contradicts the new constitution, it may be deemed invalid and unconstitutional.

Validity of post constitutional laws:

• Laws that are enacted after the adoption of a constitution.
• Their Validity is determined by their conformity with the principles and provisions of the constitution.
• Post constitutional laws must comply with the constitutions requirements to be considered and enforced.
• If a post constitutional law violates the constitution, it may be struck down as unconstitutional by the judiciary.

Hey,

Law can be defined as a system of rules that a community or country recognizes as regulating the actions of its members. It can also be defined as a binding custom or practice of a community.

Law can also be described as a science and as the art of justice. It is a scheme of social control, backed and sanctioned by the power of the state, for the protection of social interests.

From the viewpoint of society, law means justice, morality, reason, order, and righteous. From the viewpoint of legislature, law means statutes, acts, rules, regulations, orders, and ordinances.

In India, pre-constitutional laws are laws that were enacted and enforced before the Constitution of India came into existence in 1950. Post-constitutional laws are laws that were enacted after 1950.

According to clause (1) of the Indian Constitution, a pre-constitutional law is valid except to the extent of its inconsistency with the provisions of Part III. Clause (2) states that no post-constitutional law can be made contravening the provisions of Part III.

The Doctrine of Eclipse states that a pre-constitutional law is not dead but overshadowed by the fundamental right. The inconsistency can be removed by constitutional amendment.

The Supreme Court ruled in 1974 that a post-constitutional law that contradicts fundamental rights is not necessarily void in all circumstances.

Constitutional Courts, such as the Supreme Court and High Courts, have the power to review laws and determine if they are constitutional. This is known as the power of judicial review.

Hope this helps you.