The nature of law

The term ‘law’ is used in many senses : we may speak of the laws of physics , mathematics , science , or the laws of football. When we speak of the law of a state we use the term ‘law’ in a special and strict sense, and in that sense law may be defined as a rule of human conduct, imposed upon and enforced among, the members of a given state.

On examination of the definition of law given above certain important points should be noted.

(a) Law is a body of rules

(b) Law is for the guidance of human conduct

(c) Law is imposed

Classification of law

Law may be classified in various ways. The four main divisions are as follows:

(a) Criminal law and civil law

(b) Public law and private law

(c)  Substantive law and procedural law

(d) Municipal law and public international law

(a) Criminal law is that part of the law which characterizes certain kinds of wrongdoings as offences against the state, not necessarily  violating any private right, and punishable by the state. Crime is defined as an act of disobedience of the law forbidden under pain of punishment.

Normative and Nominal constitutions

Some constitutions are buttressed by powerful institutions such as an independent judiciary,whereas others, though committed to lofty principles,are not supported by governmental institutions endowed with the authority to defend these principles in concrete situations.Accordingly,many juristic writers distinguish between ’normative’ and ’nominal’ constitutions

A normative constitution is one that not only has the status of supreme law but is also fully activated and effective;it is habitually obeyed in the actual life of the state.A nominal constitution may express high aspirations, but it does not,in fact, reflect the political realities of the state.

Article 125 of the 1936 constitution of the former Soviet Union and article 87 of the 1954 constitution of the People’s Republic of China both purport to guarantee freedom of speech,but in those countries even mild expressions of dissent are likely to be swiftly and sternly repressed.

Where the written constitution is only mominal,behind the verbal facade will be found the real constitution containing the basic principles according to which power is exercised in actual fact.

Thus in the former Soviet Union the rules of the Communist Party describing its organs and functioning are more truly the constitution of that country than are the grand phrases of the 1936 Stalin constitution. Every state,in short,has a constitution, but in some a real constitution operates behing the facade of a nominal constitution.

SELECTED SECTLONS OF

THE CONSTITUTION OF THE ISLAMIC

REPUBLIC OF IRAN

Chapter  ۳

The Rights of the People

Principle  ۱۹

The people of Iran,of whatever ethnic or tribal origin,enjoy equal rights;and colour,race,language,and the like shall not be grounds for privileges.

Principle  ۲۰

Every individual member of the nation,whether female or male,shall have equal protection under the law,and shall be entitled,with due observance of the Islamic principles,to all human,political,economic,social and cultural rights.

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