Application of the Analytical School of Justice - 1805 Words

INDIAN CONSTITUTIONAL LAW: APPLICATION OF ANALYTICAL SCHOOL John Austin is the inspiration of the Analytical School, which in turn drew his inspiration from Hobbes, and Bentham. According to Austin law is a command given by a superior to an inferior and enforced by material sanctions. Positive law is a creation of sovereign. It emphasizes that the sovereign is a superior and commands of the sovereign is law, and disobedience of commands is accompanied by punishment. Law is the expression of the absolute and unitary sovereignty of the State. Under the Constitution, Parliament of India can make laws on income-tax and provide that not following those law shall be punished by the fine or imprisonment, or both. Austin’s critics ask, how customs can be resigned with the theory of command, and where we can find a supreme law-giver in a nascent society. The concept of fundamental rights and their enforcement mechanism is an example of supreme law. The Supreme Court of India while interpreting the Fundamental Rights has expanded the scope of these rights to extents which were never imagined by our constitutional makers. The legislature or the executive or even the judiciary cannot in any manner infringe upon the fundamental rights of the citizen and in certain cases even non-citizens. In the His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. , evolved the doctrine of â€Å"Basic Structure of the Constitution† which placed this doctrine inShow MoreRelatedAnalytical Philosophy : The Law Of The Land As It s Exists Today1049 Words   |  5 Pages1. Analytical School Analytical jurisprudence is a method of legal study that concentrates on the logical structure of law, the meanings and uses of its concepts, and the formal terms and the modes of its operation. It draws on the resources of modern analytical philosophy to try to understand the nature of law. It is not concerned with the past stages of its evolution or its goodness or badness. The purpose is to analyse and discuss the law of the land as it’s exists today. It is a legal theoryRead MoreGraduation Speech At Universitys School Of Public Health1484 Words   |  6 Pageschoices: (1) an intense enjoyment of mathematics and analytical thinking; (2) a love of creative expression; and (3) a profound desire for justice in the world. These aspects of my nature have often come into conflict, vying for my time and attention. After considering how these characteristics might cease competing and instead work together to make me a more effective agent of change, I am confident that attending B erkeley’s prestigious School of Public Health will enable me to harness my wide-rangingRead MoreLaw As A Career : The Lawyer s Role Quality And Education Requirements1154 Words   |  5 Pagesadvocate, the lawyer assists in the administration of justice. The American courts operate under the adversarial system in which parties to a disagreement in a civil matter or the prosecution and defense in a criminal case, present their different points of view to an impartial judge and the jury . Lawyers, who are licensed by the Alabama State Bar are qualiï ¬ ed to present their clients cases through written and oral arguments and application of applicable laws, procedures and rules of evidence. AsRead MoreGraduation Speech At Universitys School Of Public Health1484 Words   |  6 Pageschoices: (1) an intense enjoyment of mathematics and analytical thinking; (2) a love of creative expression; and (3) a profound desire for justice in the world. These aspects of my nature have often come into conflict, vying for my time and attention. After considering how these characteristics might cease competing and instead work together to make me a more effective agent of change, I am confident that attending Berkeley’s prestigious School of Public Health will enable me to harness my wide-rangingRead MoreThe Impact Of Physical And Mental Growth On The Young Generation Essay1025 Words   |  5 PagesGraduating from an international high school in China, I had accessed to a relatively far-ranging curriculum. In senior high school, there was a course about JA (Junior Achievement) Economics, at which, we were introduced to the MESE (Management and Economics Simulation Exercise). Th e basic principle of economics and the fundamental analysis of policy from the standpoint of economic theory kindled my curiosity about Economics. For example, as to the national policy—the â€Å"One-child Policy† in ChinaRead MoreMulticultural Competence Of School Psychologists1031 Words   |  5 PagesMulticultural Competence of School Psychologists For more than two decades, school psychology has known about the necessity for, and importance of, developing multicultural competence (Fouad Arrendondo, 2007). From research, ethics, and practice standards, school psychologists and other school personnel have been aware that an effective school professional is multiculturally competent and able to make sense of students’ sociocultural, socioracial, and sociopolitical backgrounds thatRead MoreDrug Prevention And Driver Safety Programs1183 Words   |  5 PagesIntroduction Criminal justice is the system in which governments uphold social control, deter crime, sanctioning of those who violate laws with penalties, and rehabilitation efforts. There are many positions you can take in the criminal justice field to ensure safety to the public. As much crime that has been going on in the recent decade, we have to try to control it as much as possible. Duties/Roles On a local level, a police officer’s job is to protect and serve. They monitor criminal activityRead MoreA Study On Norwich University Essay1087 Words   |  5 PagesUniversity offers over 30 academic programs, 20 varsity sports teams and a large amount of clubs and organizations for students. They have nationally recognized academic programs and departments. This includes the nationally recognized David Crawford School of Engineering, the Army ROTC approved Nursing program, the Emmy award winning Communications program and the National Security Agency approved Computer Security and Information Assurance program. Norwich University’s distance education is favoredRead MoreRacial Disparities Of Black Students1542 Words   |  7 PagesFor decades there has been research conducted on the racial disproportion of black student’s suspension in schools compared to white students (Skiba et al., 2000; Skiba et al., 2002; Wald and Losen, 2003; Welsh and Payne, 2010; Ki nsler, 2011; Wright et al., 2014). Recently, the Department of Education Office for Civil Rights (2014) study revealed that black students were three times more likely to be suspend and 3.5 times more likely than their white peers to be expelled. In the studies conductedRead MoreWhat I Have Learned About Research1270 Words   |  6 Pageslarge area of applied research. Program evaluation assesses the social reforms and innovations that occur in government, education, the criminal justice system, industry, health care, and mental health institutions. When discussing behavioral research it is imperative to note the precedents that it has in many fields and the significance of the applications to public policy. A variable is referred to as any event, situation, behavior, or individual characteristic that changes or varies. Any variable