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2.6 Sources of law and Law Making Process in Nepal - Coggle Diagram
2.6 Sources of law and Law Making Process in Nepal
Sources of Law
MEANING: (According to Holland)
parts from where we obtain our knowledge of law
-authority which gives force of law (the state)
-automatically brought into existence : customs, religions
organs which create iteself as per requirement : legislature
MAJOR SOURCES OF LAW
1.Legislation
Constitution
b) Acts/Statutes
c)Rules & Regulation
d)Directives
2.Precedent
(Similar conditional
judgement decision)
Decision of the
court as a law
Types
a) Authoritative Precedent
b) Persuasive Precedent
3.Customs
Salmon "Custom is to society what law is
to State"
Wikipedia "laws and regulations established
by common practice"
Types:
a) Legal Customs
b) Conventional Customs
International Law and Treaty
Accordint to salmon:
Formal Sources : by legislature or by will of state
Material Sources: a) Legal b) Historical
LAW MAKING PROCESS IN NEPAL
PRINCIPLES :
Pre publication of draft to public and parliament
Principles of Equality:
Rational and Essential Procedure to be followed
Neutrality of House speaker as "Refree"
Respect and response to Minority parliamentarian
4 MAJOR STEPS :check:
Pre-drafting state
a) Inititaion
b) Requirement
c) Necessity
d) Functions
Drafting Stage
a) Formation of draft bill
b) Approval of draft from
concerned ministry
Stage Parliamentary proceedings
Introduction of draft
bill in parliament
Fedral Legislative Procedure
Part 9 Art. (109-114)
-Art 110 : The procedure of introductin the bill
Art 111 : Procedure for passing Bills
Art 112 : Withdrawal of the bill
Art 114 : Ordinance
Post- introduction Stage
Article 113. Certification of the Bills