Monday, October 29, 2018

Methods of interpretation

Methods of interpretation

There are several methods of interpretation after we going to review some of them

1. The exegetic methods

the exegetic method gives most attention to the text containing the legislation is an international work. The legislators reveals his intention in the words he uses to formulate the legal rules.
When the legislator uses certain words in formulating the legal rule this means that the Legislator intends what do these words mean. So to interpret a legal text one has to scrutinize the legislator intention.
the legislator's intention can be revealed by three ways.

Sunday, October 21, 2018

Interpretation of the law

Interpretation of  the law
The problem of interpreting the legal rules arises whether the source of the rule is legislation custom or religion however is a majority of cases it Rises concerning the status of the legislative rules because the legislative rule takes everything form and interpretation tries to resize the meaning of the text 
In general it is a quart which interrupts is a low but gorgeous don't monopolize the interpretation of law the legislative main act and interpretation concerning a statue which has been wrongly interrupted lawyers also participate in interpreting legal rules

Legislative interpretation

The Olivia Slater for surety me and act Estate you and afterwards it finds that the law courts interpreted it differently or integrated it in a way that does not fulfill its object hence the legislative authority in Acts integrative state you explaining the meaning of the proceedings statute and it's object the Egyptian constitution according to the supreme constitutional Court the right to interpret the legislative texts

Judicial interpretation

The judicial authorities functions as we have seen is to apply the law to the conflicts present to it
When there is a law case the judge has to decide upon it. There's odds in order to solve the problem presented to him he must first a certain that factors of the law case 
And you must luckiest finds a legal rule applicable to this facts
The judge has to discern the conditions necessary for the application of legal rule to know
If it can be applied to the law case. before him. In order to apply the law is a judge finds himself obliged to interpret it

In most cases the role of the judge in interprting a legal rule is limited to interpret it 
In the ways that convinced with the words of the text containing the rule and it's goal 
But in some cases the judge forced to decide on the law case in a way which doesn't confirm exactly with the text under the pretext interpreting it.

Doctrinal interpretation

The doctrinal interpretation is that which one by legal scholars is the systematic way different parts of the law. These Researchers are published in the form of books article and commentaries on judicial decisions. 
courts are not obliged to take into consideration this kind of interpretation.
The lodge is not obliged to apply the doctrinal opinion of all of them.

Monday, October 8, 2018

The source of law in egypt

The source of law in egypt
The source of law
Legal and historical sources
Sources of law can be classified as either legal or historicalthe former are those resources which are recognised as such by the law itself the latter are those sources lacking recognition by the law
For every legal system contains rules determining the establishment of new law and the disappearance of old

. Legal sources of Egyptian law

according to the Egyptian civil code the legal sources of law or legislation muslim law and the natural law
1. Legislation
Legislation or statute law consisted of acts of Parliament end of law passed by the government ,in another Words, legislation is the lying down of legal rules by a sovereiegn or subordinate legislators
Legislation his eyes are so or subordinate at the summit of hierarchy are the constitution or constitutional laws native authority in Egypt is house of people

Subordinate legislation

Enactments of legislative bodies inferior to the sovereign constitute subordinate legislation. such legislation is subordinate in it that can be rebuilt boy and must give way to sovereign legislation.
The chief form of subordinate legislation is the executive.
The Essential functions of the executive is to conduct the administrative departments of the state but it combines with his certain subordinate legislative powers which have been expressly delegated to it by Parliament
The main merits of legislation
Of written form: Being written is acquires clarity and stability and could be reviewed when necessary unlike Customs which is sometimes difficult to recognise.
Adaptable when necessary as it could be easily promulgated and can be called as need arises.
Uniformity as rules of law are of general nature applicable everywhere within the territory of the State
. Various types of legislation
Legislations are 3 types 
1. Principle legislation represented in the state constitution
2. Ordinary legislation represented in the various codes covering all sides of human activities like civil code , commercial code ,the criminal code and the like
3. Supplementary legislation:
sprining out of executive authority for the purpose of giving force to the ordinary legislation . It takes three forms, executive regulations, through which laws can be applied, disciplinary regulation that decided the form and liabilities of society institutions and how to practice their activities
3. Control regulations like those related with keeping security, regulating traffic and health care
. promulgation of legislation
In Egypt the premulegation of law is the duty of the People's Assembly through a number of processes as follows:
1. Suggestion 
Law can be suggested by any of the People's Assembly members or the president of the Republic "article 19" of the constitution
. Discussion and voting
If a law project is presented before the parliament it is sent to the committee concerned where it is first to reviewed then a report is made about that could be the core for discussion. 
After the discussion, members are invited to gives their say about the article if more than half the members say yes to the law it is sent to the president to promulgate and publish, but if all photos are all the same number as those who reject it it is considered rejected
President approval
Is the president in the process of promulgating legislation is authorised to disagree even when the People's Assembly for tn20 in case of opposition the president is expected to return the object to the Parliament within 30 days if not yellow is considered approved and should be promulgated. 
The law is also promulgated even if returning to the People's Assembly in time but approved for the second time by 2/3 of the members and the president is such case loses his rights of opposition
. Presidents liability to make law
According to article 147 and 108 observer constitution the president of republic has the power to promulgated laws in three cases
a. If need arises
b. Is delegated
c. If the assembly is dissolved 
Enforcement of legislation
law rules Can not the forced after being promulgated by the head of the state vibro irrigation resident of the Republic give order to all official and the government institutions to apply the law and they give it force. Lindsay Lou need to be published in the formal state magazine within 2 weeks of promulgation. Publishing law is main cause hooligan Vienna of a brake to know if it's promulgation why to acquire the knowledge it is natural to the side and a client for the start of application but if the law is void of such limit, become enforceable a month after promulgation utd in emergency cases such time limit is disregarded.
If the law is communicated by the executive shortly and published and the deadline for application has elected nobody can argue that he is still ignorant of the law unless this is a case of force majeur such as Wars floods all earthquakes
.. Custom 
although, a custom is an important source of law in early times it's importance continuously diminishes as the legal system grows
However customs plays a preponderanant role in all legal systems and in developing or applying the law. Legislation itself in order to be understood often has to appeal to custom for the necessary clarification what was the ideas of the legislators the custom is the popular source of law.
When a person has been doing a thing regularly over a substantial period of time it is usual to say that who is accustomed to doing it,
When a large section of the popular are in habit of doing a thing over very much longer period it becomes necessary for then courts to consider it. The third source of law is Muslim legislation the last two sources of natural law and the law of equity

Natural law and equity

In case where the legislation is silent, sufficient or obscure the judge applying the principles of natural law and rules of equity
Natural law and equity is an Indian law which can be known by his own just which Justice, good faith, and good conscience require in a certain case

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Characteristics of law rules

Characteristics of law rules

The law is a body of Rules which Govern and regulate the social conduct of people and which are enforced by any sanction. Legal rules or social and forced by sanctions

1. Rules of Law are social

Law control and Order relations between people living in a society it is considered only with the external conduct or behaviour of men and has nothing to do with internal thoughts or believes it is only when he comes to act upon such beliefs that law can interfere

2. Rules of Law are general

Law is generally applicable. It is applied to all cases and to persons.thus the criminal rule of law which provide penalty in case of Murder Is applicable whenever any man killed another premeditatedly
A rule of law is general so it is applicable to one person only. For example, the president republic of Egypt must be 40 years at least . What is a general rule although it concerns only one person,
This rule does not concern any President by name it is applicable to all person's who would be candidates for the post of the president

3. law rules are enforced a sanction

People are invited to obey law voluntarily if not they are comepelled to do so by means of sanction applied by the state the sovereign political authority
a sanction is a devise to induce obedience of a rule of law. It may be criminal if the disobedience consist in a crying for example

death, imprisonment, fine.
A sanction may be civil the invalidity of a contract the restitution had been delivered the payment of Damages
The definition of low Rises many fine and difficult problems concerning the distinction between law and morality and the law and religion
At its simplest no may be defined as the body of Rules which are imposed upon and enforce it among the members of a given Society it is important to distinguish between law and morality and between law and religion
Law is not made and enforce it for its own sake but it has a definite task namely the satis vacation of human interests
The domain of law varies according to the degree of development attained by a given Society.
It is important to distinguish between law making and law enforcement law is important because it is already law but a certain rule is not regarded as a legal rule merely because it is followed and observed

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Public international law

Public international law
The definition of international law
The public international law may be defined as the body of Rules which determine the rights and duties of states among their mutual relations whether during peace or during wartime as well as the relations with the various international institutions
This definitions means that the international law rules which determine the conduct of the state in dealing with each other and rules relating to the functions of the international institutions or organisation and their relations with state

The nature of international law

In discussing the nature of international law we have to consider that there are some writers who are going to say the international law is not true law but a code of Rules of conduct of moral Force only.
According to that openion the law is true law only when there is an authority vested with the making of law, another vested with the settlement of conflicts which arise between Persons and a third vested with the pursuing of the execution of decisions and judgements pronounced and decleared such is not the case of international law, because the states do not recognise the existence of high authority to which they feel bound to obey.
In another term there is no legislative authority above the states to lay down rules of international law, there is no judical authority to ensure respect of the National law and there is no executive power to execute decisions adopted so the international is not true law this opinion Is not exactly true for the following reasons

1. If it is being the truth that there is no legislative authority in the international field but it has been true also that there is a system of law being in force and observed in many Communities without a formal legislative authority
2. Although,the States themselves is lat down the rules of international law by customs or by treaties but we can say that a great mass of international legislation has come into existence as a result of Law making threats and conventions which had been concluded by the States
3. It is known that the judical authority in international system is represented by arbitration tribunas and by International Court of Justice
4. After the court of the United Nations had been concluded in 1945 in San Francisco the rule of public international tended to be most effective
For these reasons we can say that the rules of international law are true law

Differences between the internal law and international law

There are fundamental differences which distinguish public international law from the internal law hereinafter some of these differences reviewed
1. Internal or municipal law is practised inside the state where as the public international law applies to the external relations of states with other States or with international institutions
2. The pearsons of the internal law are the individuals of which state in composed all these individuals submit to a common high authority whereas the principal persons of public international law are the state themselves which are considered independent sovereign political bodies
3. Inside every state there is an authority vested with the making of law another was the settlement of conflicts which arise between individuals and a third with the purssuing of execution of decisions and judgements pronounced and declared such is not the case with the public international law

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Classification of law part3

Classification of law

The financial law
The financial law is a branch of public law which deals with expenditure and the income of both the state and the public persons
The total of the public income and expenditure constitutes the state budget . The Wanted it means the act by which the outgoings and incoming of the state are predicted and authorised for a fixed period of time
Therefore, the science of finance studies the different methods by which public Pearson secure the resources necessary for the satisvacation of collective needs which these public persons are charged to fulfill and the rules to be followed while effecting these outgoing and incoming

Private law

Subdivision of private law
The private law as we have already mentioned comprises all the rules that Govern the relations of private persons among themselves family relations produced by Marriage and pecuniary and resulting from Exchange between individual the private law is composed of one main branch and three subsidiary branches which are detached from it .
The main branch is civil law the subsidiary branches are the commercial law, the law of civil and commercial procedures and the private international 

1. the civil law

The civil law is the principal branch of the private law and governs relations of ordinary citizens, these relations may affect the person himself and are called matters of personal status or may affect only his property and are called matters of real status
thus, civil law is divided into classes the law of person and the law of things
The law of persons or the family law deals with legal capacity, marriage and divorce rights and duties of parents towards their children guardianship
The law of things deals with ownership obligations, special contracts sale ,insurance, lease...etc

2. Commercial law

Commercial law is the law which deals with trade in general ian's rules which regulate the relations among merchants such as partnerships and companies bills of exchange, commissions, agency ,bankruptcy
Commercial law is not so general as civil law it does not relate to the generality of the members of the State

3. The law of civil and commercial procedures

The law of procedures is generally considered as a branch of private law it deals with actions by which rights can be enforced or defended before courts it contains the rules which organise courts the conduct of the law by which the individual to protect his rights as stipulated in the civil or commercial law and the methods of the execution of judgements

4. Private international law

Private international law contains the rules which determine the law to be applied and the court within whose jurisdiction the matter lies.
The necessity of determining such law and such Court arises when there is a special relation containing a foreign element
thus if an English man buys a piece of land situated in France belonging to the Egyptian what is the law which governs the sale?
Is it the English law Egypt Sharia law or the French law? And if a controversy arises between the buyer and the seller what are the gorgeous which have jurisdiction about the controversy? The English courts? The Egyptian courts or the French courts?
It is the function of private international law to determine the law to be applied in the court before which the case must be examined
It governance early relations of a special class namely the legal business transactions carried out by merchants whether between themselves or with their clients

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