Q. Explain principles of law
Ans -
1) principle of democracy -
values like equality, autonomy and freedom provide justification for democratic form of government. Different models of democracy emerge out of the combination of these three justificatory value.
- popular democracy
- liberal democracy
- social democracy
- participatory democracy
- deliberative democracy
constitutionalism refers to "a set of political values and aspirations that reflect the desire to protect freedom through the establishment of internal and external checks upon government powers"
The Constitution of India embodies the principle of Constitutionalism. The powers of the government are sought to be restricted by imposing the requirement that the executive actions should be in accordance with law and law made by the legislature should be in accordance with the Constitution.
3)Principle of Justice:
Justice is a moral value, There is a difference between "corrective justice" and "distributive justice" Corrective justice pertains to restoration of equality after it has been disturbed on account of wrong doing. It seeks to achieve justice between parties. Corrective justice imposes an obligation on the person committing a wrong to compensate the other person against whom the wrong is committed. On the other hand, distributive justice is concerned with the larger distributive issues in society as a whole. Distributive justice deals with the distribution of honours and rewards by the state to persons according to their deserts.
4) Principle of Liberty:
The liberty means "the ability to think and act as one wish". It is essential to enable a person to exercise his autonomy with respect to the kind of life an individual wants to lead. The kind of life he wants depends not only on conditions which ensure non-interference with his actions but also conditions that enable him to achieve what he desires.
Liberty, therefore, has two aspects - negative and positive. Liberty, in the negative aspect, implies that non-interference or the absence of external constraints upon the individual. Liberty in its positive aspect is linked to "the achievement of some identifiable goal or benefit, usually personal development or self-realization"
5) Principle of Equality:
It is based on the idea that like should be treated alike and differently. It implies that everyone irrespective of his status is subject to the jurisdiction of the same courts.
6) Principle of Fraternity:
Pharmaceutical Legislation in India
Fraternity, in common language, means a brotherhood. It is defined as "brotherhood among disparate body of people united in their interests, aims, and so on"
One of the primary functions of law is to secure peaceful co-existence of people, which necessitates recognition and promotion of fraternal feelings among people. To secure fraternity, the law should provide protection against exclusion, discrimination, subordination and oppression. The preamble of the Constitution of India expressly recognizes fraternity as one of the aims or principles.
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