State

Definition of state

The political society comprises of human being established for means for achieving certain things

It is different from a society such as church , university 

It lies in the function of state for peace order and civilisation.

Functions of state

War and administration of justice

War 

To maintain peace for the state from alien enemies and other states 

It is extra judicial in nature

The force the state used for the rights of the state which is war

It requires no trial 

Riot or rebellion is suppressed by force

Administration of justice

Maintain orderly peace with the state

It is judicial in nature 

Applied through the process of courts and arbitration 

It is the judicial judgment for the declaration of rights 

Secondary functions of state

Legislation and taxation 

Membership of the state 

Citizenship and residence

The former is title permanent and the latter temporary 

Citizenship is acquired by 

1) birth in British dominion 

2) by descent from a father or father’s father born in British dominion 

3)by marriage or alien woman to British subject 

4)naturalisation 

5)acquired by British crown 

Constitution of the state

1) fundamental elements 

2) details of state structure and state action 

Constitution has existed before law it is a matter of fact

Government of the state

Legislation, judicial and executive 

Independent and dependent state 

Unitary and 

composite (imperial and federal)states 


Comments

Post a Comment

Popular posts from this blog

Administration of justice

Administration of justice Types of punishment  Deterrent   This is more of a punishment to create fear among the wrong doers. Preventive Death sentence may put the criminals see that hanging is cruel so that the same offence is not committed  Reformative The prison is more of a reformative one includes  Capital punishment  Solitary confinement  Imprisonment  Fine  Retributive   This is more of a revenge eye for and eye , tooth for a tooth, Or a limb for the person who suffered 
Read more

Indian Christian succession

 The Indian succession act covers the intestate  of Indians and non Indian Christians Male intestate  1. If there are lineal descendants the widow takes 1/3  2. If there are ascendants the widows takes 1/2 3 lineal descendants- takes 2/3 if there s widow  4 mother - 1/2 if there is widow  5father - 1/2 if ther is a widow  6 brother sister and their children   7. Distant kindred  Female intestate the same as male If she s a non Indian Christian then  5000+ usual calculations 
Read more

Procedural law and substantive law

Substantive law Deals with rights and the punishments  Procedural law the law that deals with duties and procedures to be used by the courts for the administration of justice When there is a infringement of rights courts need to provide remedy. Procedural law are  summons,pleading,proof,judgement and excecution Summons- informs the concerned persons about the case Pleading - trial in the courts based of facts and evidence Judgement - judges decide the case based on the evidence and circumstances of the facts and argument Excecution - the judgment of enforced when not properly obeyed . Evidence- Judicial - The evidence which the court accepts as proof like the document of sale . and extrajudicial- Testimony of a person which could be done by taking a oath in the court outside the court. Which could be false or real evidence Most cases testimonial evidenced are not considered to be actual evidences ,because the rich may win the case based on false evidences. Direct and circumsta...
Read more