introduction to law Somaliland legal systemchapter 1.pptx

introduction to law basic introduction to law, descripting Somaliland laws perspective, highlighting topic: 1. definition of law.2. source of Somaliland laws. 2.legal systems. Summary and questions

1. LESSON ONE: INTRODUCTION TO LAW

2. LEARNING OUTCOME

3. DEFINITION OF “LAW”

4. bases on which Law can be defined

5. I – LAW AS SOCIAL ORDER To sum up: Laws are enforceable rules regulating the activities of societies and a set of such rules regulating a particular society at a particular time is called a legal system “Law” means objective rules, but “Right” is a subjective authority given to a person for use of the rules of Law

6. I – LAW AS SOCIAL ORDER Sociologically observed, a legal norm is a rule of conduct of subjects whose potential violation should be sanctioned by the state Thus, law represents one of the systems of rules of people’s conduct within a society organized into a state It is a hierarchically systematized set of rules of conduct that apply to subjects within a society, whose violation in social relations is sanctioned by a special organization with the monopoly of physical coercion

7. I – LAW AS SOCIAL ORDER Some examples of non-binding social rules, which still design the social structure and social interactions: Part of Religious Rules (Axkaam Diimeed) Moral Rules (Axkaam Damiiri ah) Customary Practices (Caadooyin Dhaqan) Rules of Conduct-­ ‐ Etiquette (Xeerar Anshax)

8. RELATIONSHIP BETWEEN LAW AND MORALITY Morality and law are not identical and do not coincide Law and morality have a strong tendency to overlap Law and morality are different in the manner that each achieves obedience

9. LAW AS A CULTURAL CONSTRUCT Each society develops and implements a system of justice based upon, and reflective of, the perceived values and needs at a given time Law reflects the cultural beliefs of dominant groups within society, with the administration of justice and the application of law as a function of the worldview of a community in time and place Subsequently, the approach of one cultural group toward legal and justice issues may be very different from that of another

10. LAW AS A CULTURAL CONSTRUCT All social factors which affect the creation and implementation of legal norms, as well as the facts by which those norms are acknowledged, are in theory figuratively known as material sources of law. Formal sources of law are acts by which material sources of law take a legal shape. Technical assets used to establish hierarchies of sources of law are the principles of constitutionality and legality.  Constitutionality exists when a legal order is based on the hierarchy of general legal acts and on their mutual coherence. Such hierarchy is based on the constitution, which is not only the highest but also the principal law. 

11. II-­ SOURCES OF LAW The sources of Somaliland domestic law, in descending order of importance, are: The Islamic Law of Sharia ( Shareecada Islaamka ) The Constitution of Somaliland ( Dastuurka 2001 ) Laws (Codes or Statutes) ( Xeerarka Baarlamaanka ) International treaties ( Heshiisyada Caalamiga ah ) Decree Laws (statutory decrees) ( Digreetooyinka Sharci ee Xeerarka ka dhasha) Regulations ( Xeer-nidaamiyeyaal Maamul ) Bylaws ( Xeer-hoosaadyo )

12. LEGAL SOURCES OF SOMALILAND LAW The primary sources of Somaliland law are the constitution, laws, statutory decrees, international treaties, regulations, and bylaws

13. 1. Islamic Sharia Law According to Article 5 of the Somaliland Constitution “laws shall be derived from the Sharia and every law or provision which is in contrary to the Islamic Sharia is null and void.”

14. 2. The Constitution The highest source of Somaliland legal order is the constitution According to Article 128 of the Constitution: “The Constitution shall be the supreme law of the land, and any law which does not conform to it shall be null and void.”

15. 3. Laws The Somaliland Parliament holds the power to make, amend, and abrogate laws as authorized by article 38 of the Constitution

16. 3. Laws Article 74 holds that “legislative bills shall be proposed by the Council of Government, the requisite number of members of the House of Representatives as laid down by in Standing Rules passed by the house and except for financial bills, and at least 5000 citizens who are eligible to vote After that if the house readopts the bill by absolute majority without a change, the bill shall be promulgated by the President

17. 4. Statutory Decrees The Somaliland House of Representatives may empower the President and Government Council with a legislation to issue decrees having the force of law However, the fundamental rights, individual rights and duties of the citizens cannot be regulated by decrees except during periods of martial law and states of emergency In the event of the emergence of special circumstances which endanger the security of the country, jeopardize law and order, create upsets in the general stability or in the confidence in the economy, the President shall issue emergency laws which are aimed at combating such special circumstances as set out above

18. 5. International Treaties According to Article 21 of the Constitution, international treaties are another source of Somaliland law “The articles which relate to fundamental rights and freedoms shall be interpreted in a manner consistent with the international conventions on human rights and also with the international laws referred to in this Constitution.” As we can understand the meaning of this article, in case of a conflict between domestic law and an international treaty regarding issues on basic rights and freedoms, the provisions of the relevant international treaty will be applied Thus, it is not wrong to say that the status of such treaties is somewhere between the Constitution and ordinary domestic law

19. 6. Regulations Regulations are written explanations of a particular law on how the law will be interpreted, applied or enforced Acts or statutes passed by the legislative branches mostly give Government Ministers the authorization to issue regulations in accordance with the constitution and laws: Regulations are subject to the examination of the parliament and cannot be contrary to the law itself They are also subject to the legal review of the judiciary as stated in Article

20. 7. Bylaws Bylaws are written instructions regarding relevant laws and regulations Bylaws are regulated in the Article 111 of the Constitution: “The regions and the districts of the country shall have legislative councils, whose powers are limited to passing by-laws which do not conflict with the laws of the country, and executive councils.” In addition, the Regions and Districts Law , in article 24 , provides that district councils may issue regulations, which are compatible with the laws of the land, in relation to the maintenance of the peace and the advancement of the district

21. 8. Jurisprudence The Constitution grants the parliament the sole authority to make law and prohibits the delegation of legislative power to any governmental agency The prominent legal traditions in the contemporary world are civil law, common law, Islamic law and socialist law A legal tradition is a set of deeply rooted, historically conditioned attitudes about the nature of law, about the role of law in the society and the polity, about the proper organization and operation of a legal system and about the way law is or should be made, applied, studied, perfected, and taught

22. III) LEGAL SYSTEMS Law consists of an enormous number of legal norms, i.e. rules of conduct Therefore, a legal system is a unique and non-conflicting unit created by hierarchical systematization of all existing legal norms and their classification into smaller or bigger, lower or higher related groups According to the applied legal technique, i.e. the method of regulation of social relations primarily in the areas of sources of law, existing legal systems in the world can be classified into three major groups: European Continental, Anglo-Saxon and religious-traditional system

23. COMMON LAW & CIVIL LAW

24. DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW

25. DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW Legal effect of earlier judgments: Principle of precedents and doctrine of stare decisis is the method of common law to analyze previous court decisions, to find a general principle in each of them and to transfer these principles to a current dispute that needs to be decided

26. DIFFERENCES BETWEEN COMMON LAW AND CIVIL LAW

27. ISLAMIC LAW