7 most essential forms of Law are discussed below

The modern theory of law has been the result of three principal lines of thought: the Analytical, the Historical and the Sociological.

The Analytical School under the leadership of Austin emphasizes the fact that law is the command of a sovereign and is obeyed by the people on account of the coercive authority of the state. The Historical School of which Sir Henry Maine is the leader maintains that law is the result of a slow and lengthy social process rather than made by the arbitrary will of a sovereign.

The Sociological School under the leadership of Krabe, emphasizes that law is the expression of one of many judgments of values which we human beings make, by virtue of our dispositions and nature. The Rule of Law in England is due to human reaction to the sense of justice and is not a matter of external legal authority but an internal human matter.

The various forms of law are discussed as follows:

1. Constitutional law:

Constitutional law is the fundamental law of a country. It is the law that “governs the state.” It represents the will of the ultimate sovereign—the people. They alone determine how it shall be made, revised or amended. It is the constitutional law that determines the structure of state, its powers and duties.

It lays down the fundamental rights of the people and their duties. It determines the form of govern­ment, and relations between the various organs of government. A constitution may be written at one time as is the case with the Indian constitution or it may be unwritten and have grown in an evolutionary process as the British constitution has. In fact no constitution is either completely written or unwritten.

The British constitution has a written part like the Magna Carat, Bill of Rights, Reform Acts, the 1911 Act as amended by 1945 Act. On the other hand, the written constitutions develop conventions, which are unwritten. The constitutional law is more stable and enduring.

It is in accordance with the constitutional law that ordinary laws are enacted. Under written constitutions of a country, the ordinary law is declared void if it contravenes the constitution.

2. Ordinary Law or Statute Law:

The laws passed by the legislature or Parliament of a state in accordance with the constitutional law are called the statute laws or ordinary laws.

These regulate relations between citizens and the state, between individuals and groups and between one individual and the other etc.; for example the Indian Criminal Law or Indian Civil Marriage Act or Indian Income Tax Act or Preventive Detention Act.

3. Common Law:

It consists of customs, traditions and usages. Common law which is also known as customary law forms an important part of the law in every country especially in England.

4. Ordinance:

These are executive orders which have the same force as laws of legislature. These are issued mainly during the recess of legislature or during an emergency.

In Britain these orders are known as Orders-in-Council. In India these ordinances are issued by the cabinet in the name of the President.

5. Administrative Law:

It is that part of public law which regulates the conduct of public officials in the discharge of their duties. It determines the mutual rights and duties of public officials and citizens. This law is administered not by ordinary courts but by the administrative courts presided over by the administrative or executive officers.

It deals with cases where officials of state violate their powers or act arbitrarily. The citizens get relief against these violations or breaches in these courts.

Though these courts are presided over by the executive officers, they follow the same procedure as is followed in the ordinary courts. This system prevailed earlier in some of the European countries like France and Germany.

Today this law is developing, in fact, in all countries including Britain and India.

6. International Law:

It is a law which governs relations between states. It governs their mutual rights and duties. It consists of treaties and customs, or of conventional law and customary law. It is the “system which orders the relations between states.” Lawrence defines it as “the rules which determine the conduct of the general body of civilized states in their mutual dealings.

” With Oppenheim international law is “the body of customary and conventional rules which arc considered legally bind­ing by civilized states in their intercourse with each other.

” It has not been made at one time. It has grown out of customs that arc considered by states as useful and binding or has been made by states in international conferences and congresses.

As the legal disputes between states arc decided in accordance with international law.

7. Municipal law:

While international law is the law between states, municipal law is the law within the state. It consists of all laws that govern relations within a state.

It is the law enacted by the state and governs rights and duties of citizens towards one another and towards the state. It determines the rights and duties of the state.

Many states treat international law as a part of their municipal law. However m municipal law is backed by physical sanctions while international law is not, In this respect international law is weaker than municipal law.