MGT621 Handouts Lectures 1-45

Administrative Law & Accountability · Lecture 1 · Introduction

This lecture carries the main objectives which are to be discussed in this course; 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 definition. Philosophy means the art of reasoning, and definition is a one sentence statement which describes a thing with the help of its properties.

What is ‘Law’?

To answer the question, the following definitions are discussed:-

Austinien’s definition of law:

John Austin is a renowned British jurist of 19th Century. He published extensively on the philosophy of law. He was Professor of Jurisprudence in the University of London (now University College London) 1826-33. His book: “the Province of Jurisprudence Determined was very popular. He gives the following definition of law:

“Law is the command of the sovereign”

Command (=Order) Sovereign (= Ruler)

Thus it may be stated that law is the order of the ruler.

Simple definition of law

“Law is the right of one, obligation of the other, maintained by law enforcing authority”

Right (= sheltered and recognized interest) Obligation (=duty) Maintained (=managed) Enforcing authority (= 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 information: ‘Kinds of sovereign’:

(1) de-jure sovereign (=Constitutional ruler) (2) de-facto sovereign (=Unconstitutional ruler) Aristotle defines constitution as, “A constitution denotes not only an arrangement of office, but, a manner of life.

Aristotle’s definition of law:

“Law is the experience, developed by reason and reason, tested by experience”.

Experience (=knowledge) Reason (= rationale) Tested (=checked) Thus it may be stated that law is the knowledge, developed by rationale and rationale, checked by knowledge.

Relevant quotation:

Experience is a very hard teacher she gives the test first, the lesson afterwards.

Classical definition of law:

Law is the ‘dispassionate reason’ and its content is the same as that of morality.

Dispassionate (=unemotional) Reason (= rationale) Content (=substance)

Why laws are made?

Laws are made to regulate human actions.

Who makes laws?

Laws are made by super human wisdom. In modern political state they are made by Parliament.

Advantage of law

Concept of supreme law

“Salus est poupli suprema lex” (Latin Maxim)

Salus (= welfare) est (=is) Populi (= People) Suprema (=Supreme) Lex (=Law)

Thus it means welfare of people is the supreme law.

What is justice?

Justice means every man given his legal right.

Relevant quote on relationship of law and justice

“Justice is an ideal like truth just as a sculptor tries to achieve beauty with his mallet and chisel, so law is the tool of a judge in the pursuit of justice.”

Ideal (=model)

Beauty (=splendor or Prettiness)

Mallet (=hammer) Chisel (=shape) Tool (=instrument) Pursuit (=search)

Thus justice is a model like truth just as a sculptor tries to achieve prettiness with his hammer and a shape so law is the instrument of a judge in the search of justice.