Lectures in Principles of Law PDF

LECTURES IN PRINCIPLES OF LAW Presented by Dr. Mostafa Refaat  SOURCES OF LAW They are materials where the judge finds solution for disputes and the persons support their legal claims according to it. There are two types of sources. 1- Authoritative/ Primary/ Formal sources. 2- C...

LECTURES IN PRINCIPLES OF LAW Presented by Dr. Mostafa Refaat  SOURCES OF LAW They are materials where the judge finds solution for disputes and the persons support their legal claims according to it. There are two types of sources. 1- Authoritative/ Primary/ Formal sources. 2- Complementary/ Subsidiary sources.  DENY OF LAW Judges in Egypt are bound to decide ,and to give judgment in every case, even if the law is unclear or there appears to be no relevant law.  Authoritative/ Primary/ Formal sources They are the legislations (divided to 3 divisions), the custom, Islamic sharia and The principles of justice.  Legislations Custom Islamic sharia Principles of justice  THE LEGISLATIONS It is the first sources of the authoritative source in the hierarchy, written legislation issued by legislative authority and it is divided into three divisions, the constitutional legislation, the ordinary legislation and the regulatory legislation.  THE CONSTITUTIONAL LEGISLATION \ THE CONSTITUTION It is the mother law for any land, the first division of the legislation, written, and has three purposes: Firstly the political purpose: it sets out the structure and function of public authorities. Secondly the economic and social: it contains all statements related to the economic and social organization of the state.  Thirdly, the public rights and freedom: it includes declarations concerning the rights and liberties of individuals.  THE STEPS OF MAKING CONSTITUTIONS the same steps for the ordinary legislations except the voting with a special quota and the referendum.  THE ORDINARY LEGISLATIONS OR CODIFICATIONS The second division of the legislation, the expression legislation can be used to describe all legal rules formulated in writing and given force and effect through compliance with recognized procedures and by a public authority exercising its legislative power, and could not include provisions contrary to the constitution  EXAMPLES The judge in order to settle a dispute concerning a contract of lease, he will apply the provision of the Egyptian civil law (code) ruling the contract of rent. In case of a dispute related to a transaction between traders, the judge will apply the commercial law.  THE NATURE OF THE ORDINARY LEGISLATION: They are permanent, in the sense that the law applies to all successive relevant situations, until the law is abrogated. Usually the abrogation of a law is done by another law enacted by the parliament and organizing the same subject of the abrogated law.  THE PHASES OF ENACTMENT OF ORDINARY LEGISLATION The passing of statutory law by the parliament is a lengthy process consisting on the following steps: A- the legislation proposed B- the bill referred to the competent committee C- the bill voted by the member of the parliament D- the law must be published A- THE LEGISLATION PROPOSED The proposed legislation must be introduced by the president of the state or any member of the parliament. The proposed law is known as a proposition of law when it comes from a member of the parliament. And it is known as a project of law when it is proposed by the president or the executive authority  B-THE BILL REFERRED TO THE COMPETENT COMMITTEE The proposed legislation must be introduced to the competent committee to stated on its compliance , in case of proposition coming from members of legislative power( the parliament) ,then if the committee of reviewing decided that the bill is meet the terms to become law, it refer it to the competent committee  C- THE BILL VOTED BY THE MEMBER OF THE PARLIAMENT Bill should be voted on by legislators after its reviewing and discussing it. It should obtains a majority vote to be approved and passed. (50%+1) If the president refuses the law of parliament must vote it with 2/3 of the members.  D- THE PUBLISHING OF THE LAW The project of law must be published in within 15 days of the voting in the official journal. And applied after 30 days of the publishing FACEBOOK GROUP Law Dr. Mostafa Refaat