My name is Kenzhekulov Maisalbek from International Ataturk Alatoo University Department International Relations and In this presentation I`m telling about the Law and The Courts .Subject: Political Science
Lecturer: Dr. Ibrahim Koncak
3. Law
Law is the sets of rules established by the government,
those rules include are brining everyone within the
state even members of the government itself.
4. Court
A court is an institution that the government sets
up to settle disputes through a legal process.
People come to court to resolve their disagreements
5. Anglo-Saxon Case Law
a) Judges are to find proper law which is flexible and able to evolve
according to the time.
b) Clarity of thoughts and expression, and skills are the reason why
judges and lawyers study in special schools.
c) Judges are to be completely objective and neutral during the
adjudicating.
d) No exceptions even if the charged person is criminal.
But the government in any cases stays as the final authority; it
may change the law by statute so that even court is to obey.
6. Continental European Code Law
Judges try to keep in step with each other, and rely more on
the statute or the code, and they do not makes law in
comparison with the case law.
Judges and lawyers study in common schools and
universities, no separation from others.
Code laws judges in adjudicating the charged criminals are
not neutral; rather they act as the servant of the government
and lead the police investigation. While in the case law the
judge stays neutral and defends the accused criminals.
7. The Blending of Case Law and Code Law
The differences between Case law and code law are mostly differences
of degree, for instance as I have written above even in the case law the
statute is also important and final authority is the government. In code
law, similarly judges cannot totally ignore what other judges are doing
and precedent. Because each judge may put verdict which is completely
differs from others.
Both of the laws are flexible, and in the recent years we can see
how the code law is adopting some aspects of the case law, for instance
general spirit of “constitutionalism”, protection of individuals from
abuse became popular among the code law systems; the same happens
with case law systems in certain areas, for instance, legislature and
parliament have began to write codes which bind judges in the USA.
8. Religious Law: The Sharia
Almost all states use versions of the case and code law which are thought to be
western ones, The Sharia is one the legally survived systems of law which acts
according to the Islamic law which we can see in the states like Morocco, Tunisia,
Egypt, Syria, Iraq, Mauritania, Yemen, Iran, Afghanistan and Pakistan. Islamic
law centers on obligations to God and to other people and is written in sacred
book Karan, which covers all aspects of life like principles of justice, equality, and
human brotherhood. Karan which is considered to be written in the tenth century
A.D. has never seen changes, because of the prohibition, and in our days most of
the principles are seem to be odd in the modern society. Unfortunately these type
of law system is hard to be adapted by judges, even though it may be inflexible in
some cases by using the analogous from older cases, and complex evasions can be
worked out that honor the letter, if not the spirit, of the old laws. But in
comparison with western systems of law which are more flexible and can adapt
easily due to time or situation The Sharia doesn’t have any chances to compete
with them.
9. Thanks for your
attention
If you tell me, I will listen.
If you show me, I will see.
But if you let me experience, I will learn.