Land mark and Building Blocks of Global Legal System

(1) Introduction: 

The global legal system is consisting on those strong buildings blocks which universally acknowledge adopted and applied. The basis features of all legal system of the world are same. Each country has gives a specific names to these rules, but the role of these principles is common. Among these principles natural justice, equity rule of law, respiration of powers, judicial review and human rights are the most common.   

(2) Landscape of the world legal systems: 

The landscape of the world legal systems envisage with:  

a) Rule of law 

b) Separation of powers 

c) Judicial review 

d) Human rights 

e) Distribution of powers between the national government and provincial government etc

(3) Building blocks of the world legal system:  

The building blocks of the world, legal system are given as under: 

(a) Rule of law:

The phrase “rule of law” has been used since the time of Aristotle in the fourth century BC. The supremacy of rule of law has always been a principle of the constitution. rule of law: Rule of law means that the exercise of powers of government should be conditioned by law and that the subject should not be exposed to the arbitrary will of the rule. Rule of law is the supremacy of law. 

(b) Separation of powers:  

First formulated by Montesquieu:

The doctrine of separation of powers was first formulated by Montesquieu in l’esprit de Lois (spirit of laws treatise, 1748) followed by the attempts of Aristotle and Johan lock. He based his exposition on his imperfect understanding of the British constitution of the first part of the eighteen century.  He was concerned with political liberty. He said: “political liberty is to be found only when there is abuse of powers, but constant experience shows us that every man invested with powers is libel to abuse it, and the carry his authority as far as it will go to prevent his abuse, it is necessary from the nature of thing that one powers should be a check on an others.”

Effective check on power by power :

This is the distrust that practically all the political theorists showed in the human nature and this is the reason of keeping the powers distinct and for not permitting the same authority to exercise two or all the three powers of the state, namely legislative, executive and judicial. The surer way to avoid abuse of power by the Governmental Agencies is the divided the political power and vest into the hands of deserve persons so that there is effective check on power by power. 

(c) Judicial review:

 Judicial review is the power of superior courts in “a national legal system (NLS) to examine the actions of the legislative and administrative arms of the government and to determine whether such actions are consistent with the constitution. 

Exercising the power of judicial review:

The power of judicial review is exercised differently in different political systems. In countries like the United Kingdom where the constitutions is largely unwritten and unitary in character and parliament is sovereign, “the courts can declare Act of parliament to be incompatible with the constitution, but they cannot invalidate a law for being inconsistent with the constitution. In other words, the judiciary can only interpret the constitution.   

(d) Human rights:

Human rights are the inherent rights of all human beings which they posses by virtue of their being “human” in nature. These rights are not only interrelated but interdependent and indivisible as well. In a legal system everyone is equally entitled to the protection of such human rights. In recent decades, international human rights law has had an evergrowing impact on domestic legal systems throughout the world, and thereby requires each state concerned, and also the relevant legal professions, carefully to consider ways in which effective implementation of the state’s legal human rights obligation s can best he secured without any prejudice with respect to nationality, gender, ethnic origin, language or any other status. All these rights are enshrined in a national legal system (NLS) in the form of Constitutional Rights.

(4) Conclusion:  

To conclude that legal system explores the political organization and structure of society, provides a scheme of individual relationship within it and contributes to the stability of society by offering an objective mechanism for the resolution of disputes and conflicts within the community. All extensive human societies’ posses law in some form or other.