 |
|
|
|
|
|
|
|
 |
|
||||||
|
|||||||
you are here: > Self > 22. LEX
| 22.10 | Procedural law |
|
| While law is sometimes defined by system (civil, common, customary and religious) and sometimes by type (public/private), there is also the tradition of defining those laws specifically relating to the function of society, often called procedural law. |
||
| 22.10.1 | The procedural laws of constitutions and administrative law |
|
| The two major areas of law traditionally considered as part of procedural law are: constitutional and administrative law. |
||
| Administrative law | ||
| Administrative law covers the law relating to the administrative activities of government such as the making, adjudication, and enforcement of regulations. Judicial review of state apparatus, from local councils to Government Ministries is the chief method for the judiciary to hold the executive to account. |
||
| Constitutional law | ||
| Constitutional law governs the relationships between the executive, legislature and judiciary. |
||
| Just to add to the confusion, these areas of law are also commonly referred to as “public” law. |
||
| 22.10.2 | The negative aspect of the label procedural law | |
| While in the founding years of constitutional democracies, it could be argued that the label procedural law encompassed the most important areas of laws governing the operation of parliament, the executive, the judiciary and society, today almost all modern significant legislation encompasses some element of procedure. | ||
| For example, modern reforms to prison codes, judicial codes and even public service operation all involve a review of the procedures, not just the policies. Therefore, such labels tend to be redundant as it implies only a narrow band of laws represent the accumulative procedural base of a nation, when in fact procedures now exist in potentially thousands of different parts of law. | ||
Copyright © 2010 UCADIA. All rights reserved. |
||