VU NOTEs.pdf - MGT621 VU Administrative Law Accountability Lecture 1 Introduction This lecture carries the main objectives which are to be discussed in

VU NOTEs.pdf - MGT621 VU Administrative Law Accountability...

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MGT621 VU © C op y r i gh t Virtual Un i v e r s i ty of Pakistan 1 A d mini s t r a t i v e Law & Accountability L ect u r e 1 I ntr o duc ti o n This lecture carries the main objectives which are to be discussed in this c o u r se ; primarily the phenomena of Law, Justice and Constitution will be discussed. Secondly the separation of powers between the three pillars of state, delegated legislations and basic rights of the citizens of Pakistan will also be a part of this course. Before the philosophical definition of law, lets Identify what is the meaning of term philosophy and d e f i ni ti on. Philosophy means the art of reasoning, and definition is a one sentence statement which describes a thing w i t h the help of its properties. What is La w ? To answer the question, the following definitions are d i sc us se d : - Austinien’s definition of l a w : J oh n Austin is a renowned British jurist of 19 th Century. He published extensively on the philosophy of l aw . He was Professor of Jurisprudence in the Un i v e r s i ty of London (now Un i v e r s i ty College London) 1826-33. His boo k : the P r o v inc e of J u r is pr udenc e De te r mine d was very popular. He gives the following de fin it i on of l aw: “Law is the command of the s o ve r e i g n Command ( = O rd e r ) S o ve r e i g n (= R u l e r ) Thus it may be stated that law is the order of the r u l e r . Simple definition of law “Law is the ri gh t of one, obligation of the other, maintained by law e nfo r c ing aut ho r i ty Right (= sheltered and recognized i n t e r es t ) Obligation ( = d u t y ) Maintained (=managed) E nfo r c ing aut ho r ity (= implementing power.) Thus it may be stated that law is the sheltered and recognized interest of one, duty of the other managed and controlled by law implementing power. Additional i n f o r m a t i o n : K inds of s o v e r e i g n’ : (1) de-jure sovereign (=Constitutional ruler) (2) de-facto sovereign (=Unconstitutional ruler) A r i s t otle defines constitution as, “A constitution denotes not only an arrangement of office, but, a manner of life.
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