Number of laws is an important issue in a constitution. Too many laws increases the threat that the offenders will also find a law that some how slows down the judgmental process or may save the offender from punishment .so, laws have to be limited in number. Explain and illustrate.

Abstract:

This article is written to understand the impact of the number of law in a constitution and how too many law can create problem in proper judgmental process.  The article begins with the definition of constitution and description of law .Also it focus on the importance of constitution and  importance of right use and requirement of law in the society and Finally, the discussion follows on the what should be the number of laws in the constitution.

Introduction:

Every federal government has a documented constitution and this constitution is made by the law or the nation of law  and the goal of a constitution and law is almost same and that is establish the right of people. So, that constitution and law this two are much related words.

Definition of constitution:

By the word constitution we understand a written document and it is a set of law that made by a set of people and fixed upon for government. Every federal country has constitution.[1]It defines the fundamental political principals the procedures, structure, power and duties of a government. Most of constitutions ensure certain rights to the people by restraining the government’s own reach. [2]

In other word, we can define constitution as the prescribed nature, functions and limits of a government or another political institution by the system of fundamental laws and principal. This the manner in which sovereign power is distribute and this is the mode in which a society or state is organized.[3]

A society’s or state’s desire character is depend on a constitution as it determined what should be a nature, function and action  of a government as well as the people or persons rights by the law. So it is important to define the law.

Definition of law:

We can define law in different ways it has different meaning. But in short we can tell that law is the rule of conduct and ethics that guide all people, that means law is the rules that establish by governing authority to maintain and establishment orderly co-existence. Laws created by people for the people for their own benefits.[4]

According to Britannica Law is “A binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority.”[5]

So, we can say in one sentence, a system of rules a society sets to maintain, organize and protect impairment to persons and property is known as law.[6]

Importance and the function of constitution:

Now a day every democratic country has a vital document, according to which the country carries out its every operation and this document is constitution. Constitution defends the right of the concern nation citizens beyond religion, caste, creed, sex or physical appearances. This is a social contract between government and people of a nation it governs.  It is also considered as a fundamental frame work of a government. Every person treated equally in a constitutional country. [7]Mostly countries have written form of constitution. But Britain has a constitution that is unwritten. [8] There is a significant role of a constitution for a state discussing bellow:

• The basic function of a constitution is making a lay out off government’s basic structure according to which people should be governed. It establishes three main organs of a country’s government they are executive, legislature and judiciary.
• The constitution not only defines the powers assigned to each of these organs but also appreciably makes a clear separation of the responsibilities allocated to them. It also regulates the relationship between these organs so that they can work effectively and the constitution also maintains the relationship between the government and the people.[9]
• As the country’s constitution situated in a superior to all the laws framed with in the territorial boundary of the country, any law pass by the government has to be in consistency with the concerned constitution.
• Constitution established restriction to abuse the power by those who perform governmental functions, by dealing with the limitations on power. It also provides guidelines for an efficient government in a country.
• The constitution of a country set the national goal from the basic structure on which the nation stands upon[10].
• A constitution not only set the rights of the citizens of nation but also it talks about the duties that the citizens need to perform for betterment of their own and as well as there country.
• Lastly, the constitution limits the power of government by informing all the citizens about powers those a government may lawfully possess.[11]

This discussion over the function of a constitution clear that its very important for a nation or state to have a constitution and insuring the proper function of it for set a good relation between people and government.

Significance of law in the society:

From the discussion of the definition of law in the very beginning of this article we understand that law is the base of sound and chaos less society made by tradition customs and religion and ethic. Law grows day by day with the development of a society’s culture and civilization. And if we can see we can found that from the hierarchy society to modern society law is one of the most important components to ensure proper function of a country. A man should know before do any action that what the law allows him to do and why it is unlawful and what is the punishment or penalty he or she will get if he or she commits this action. [12]To understand the significant of law we have to focus on the objective of law first.

• Law control arbitrariness in the society
• It protects and guarantees the equal statues to all the citizens.
• It gives the security to the citizens by protecting them from any harm
• The people who become victim and accused  law ensure them rights
• It involves and motivates the public to take part in the crime prevention process.
• It makes relation between legislative, executive and adjudication systems.[13]

So from the objective we can understand that law is important to protect social values and to ensure fair play and justice to all people.  When there is a collision between rules and freedom and the bond between law and ethics then we can see the irreplaceable functions of society. It is clear that law is for the betterment of the society.[14]

Relationship between law and society:

In this section we study the relationship between law and society in relation to their interdependence on each other. Law and society share a symbiotic relation. In every society we find complexity in the action of the individuals and conflicting interests. This is because the needs and wants of humans are infinite, but the resources to fulfill those demands are limited and exhaustible. Therefore, in order to achieve and maintaining optimum utilization of resources by providing maximum satisfaction to maximum people and by creating minimum friction, law comes in the picture. We can view society from different perspective. Some may view it as autonomous social reality independent of those who form it, giving rise to social forces that act upon, control and determine the conduct of its constituents.[15] Here the view of man as a product of social forces is called ‘determinism’. While others view it as an association of individuals, in which every constituent participates as an active agent in the creation of social reality. This view is known as voluntarism. Social control mainly takes place through customs, traditions, religion, social mores, etc. But these are informal and non-institutionalized. But law can be considered as the most specialized form of social control. it is important to remember that law does not operate as an exclusively coercive mechanism. If law is effective as a method of social control, it must have legitimacy, and value consensus as the root of legitimacy. Though the law constraints misuse of arbitrary power, it prevents a state of anarchy. In order to achieve this purpose it has set up the ‘Rule of Law’. Everyone is below the law and must abide by the law of the land this creates, maintains, and regulates a state of peace and order in a society.

Right and wrong use of law:

From the objective we can tell that the main aim of the law is for the betterment of the mankind. If we see the law of different country we will find that these are made for the people. There is an old saying that the law is for the people not that people are for the law. Laws are made to ensure the right of the weaker from the superior. Though the law is for the betterment of the people but there are many examples of misusing law in every country. Different time we can see that laws are being used against the human. Like in the criminal justice system the police, prosecution and courts and correction are the four arms of administration to fulfill the aspiration of the people.[16] If we take the example of police we know that no police can work unless it wins the respect and good will of public. But these police forces are being misused some time they are being used to protest the people. Police forces some time also used to protect the illegal intention of government.

Sometime constitution law also can slow down a judgmental process or can save the offender we also can say this is also misuse of law. Let’s take a real life example to know how does it happen, one person who gives his 10 katha land to a developer for building an apartment. After signing the agreement developer start the construction work. And maybe after that it is recognized that it includes 11 katha. That time the owner can go to court to apply for injunction. And court gives injunctions and later on the judgmental process will go on. But with the injunctions the process can be slow down.   Not only this example. We can find many examples of misusing the law in our society.  This misuse can be harmful for the society; it can eliminate the trust of people about the law.

It can say that too many numbers of laws in the constitution can be harmful it can cause the misuse of law. And when the missus of law happens then it actually harm the objective of law. But it is also true that if the constitutions not hold enough number of law then it also harmful too. Without enough and appropriate law a society or state cannot be run in an organized way because then there will be more chance to get increase of offenses and chaos in the society.  So, not too many not too few, actually there need a appropriate number of law in the constitution so that it can not be misuse and the objective of law and the mission of the constitution of the state can remain focused.

Conclusion:

Constitution is the written form of rules and regulation not only for the people of the society it also for the government. And law is the heart of a constitution and law is the essential element to control society.  Law actually works as a cohesive force of providing coordination to the society. If a society is devoid of law and order, there can be no discipline with chaos and confusion throughout the land and every person claiming superiority over the other. Law is a system of regulatory activity and it expresses the will of the entire population. But as we know that law should not be misused as the main objective of law is doing the betterment of society and people. So when a constitution is written we should be focus on the objective of it and the number of law should be in amount that full fill the objective of law and constitution. It should not be too much should not be too few, so that it can’t work effectively. If it is too much in number then it will slow down the judgmental process and sometime offender find safeguard because of it. It also should not be limited so that crimes increase in the society and make it chaos full.  Law should be use in a way so that it can give only and only justice to the people.

Bibliography

Books

1. Law, Government and Public Policy Ross Cranston

1. “The Nature of Government,” The Virtue of Selfishne”
2. The Law FrédéricBastiat
3. Norrie, A (1991), Law, Ideology and Punishment, Kluwer.
4. A Law Dictionary  by John bouvier Second Edtion
5. Lawand society Adam Podgórecki
6. The Story of Law John Maxcy Zane, James M. Beck 2005

Internet

1.       http://books.google.com/

2.       http://www.google.com/

3.       http://en.wikipedia.org/wiki/Main_Page

4.       http://www.britannica.com/

5.       http://dictionary.lp.findlaw.com/

6.       http://www.wisegeek.com/

7.       http://www.un.org/en/

8.       http://www.thedailystar.net/newDesign/index.php

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[1] http://www.duhaime.org/LegalDictionary/C/Constitution.aspx

[2] “We the people are the rightful masters of both Congress and the courts, not to overthrow the Constitution but to overthrow the men who pervert the Constitution”-Abraham Lincoln

[3] http://www.merriam-webster.com/dictionary/constitution

[4] From Old Englishlagu “Words of Mel”; legal comes from Latinlegalis, from lex“law”, “statute” (Law, Online Etymology Dictionary; Legal, Merriam-Webster’s Online Dictionary)

[5] http://www.britannica.com/bps/dictionary?query=law

[6] http://www.wisegeek.com/what-is-law.htm

[7] http://www.a1articles.com/article_1311972_57.html

[8] http://www.freedom.org/board/articles/constitution-906.html

[9] http://www.buzzle.com/articles/what-is-the-purpose-of-the-constitution-of-united-states.html

[10] http://www.a1articles.com/article_1311972_57.html

[11] http://www.freedom.org/board/articles/constitution-906.html

[12] http://en.wikipedia.org/wiki/Law_society

[13] http://wps.pearsoned.co.uk/ema_uk_he_mcbride_letters_2/142/36409/9320853.cw/content/index.html

[14] http://www.exforsys.com/career-center/life-skills/importance-of-basic-laws.html

[15] http://en.wikipedia.org/wiki/International_Covenant_on_Civil_and_Political_Rights

[16] The criminal justice system and our police in a changing environment Muhammad Nurul Huda The daily star July 13, 2003