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:
Validity of Post-Constitutional Laws:
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:
Validity of post constitutional laws:
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.
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