LAW,

International Law
&
CONSTITUTIONAL LAW
Presented by

Dr. P. VASANTHA KUMAR

M.B.A., M.C.A., M.Sc., M.L. M.Phil.(Mgmt.), Ph.D(Law)
Assistant Professor
Department of International Law
The Tamil Nadu Dr. Ambedkar Law University
Chennai 600028
spring_pvk@yahoo.com
 What is Law?

Difficult to define

It is a social concept

Can be understood from

Its sources
Its function in the society
Its application
 Why do we need Law?
Order Restraint Judgment
Peace Discipline Efficiency
Harmony Conduct Democracy
Justice Sovereignty Values
Equity Fear Procedure
Security/Surety Power Guide
Happiness Freedom Secularism
Coexistence Religion Ethics
Common sense Development Morals
Natural justice Co-ordination Help
Conscience/Conscious Principles Inevitable
Contentment Deterrence Fraternity
Progress Transparency International
Clarity Classification Relations
Good governance Conventions Regulations
Control Prosperity
Duties Social change
 Definition of Law
Command of the sovereign

Tool for social engineering

Spirit of the people

Law gets its binding force from its

acceptance

Law is nothing but what judges apply

 International Law - Definition
Oppenheim Law of nations or
International Law is the name of
customary and treaty rules which are
considered legally binding by states in
their mutual intercourse with each other.

J.L.Brierly - The Law of Nations, or

International Law, may be defined as the
body of rules and principles of action
which are binding upon civilized states in
their relations with one another.
 Definition (Contd.)
Sources

Subjects
 Development
of
International Law

Horizontal

Vertical
 Trade

Commons / Law of the Sea /Environment

Human Rights

Services / Provider / Treaties

War / Diplomatic Relations

States International Individuals Non-State entities

Institutions
 Definition (Contd.)
J. G. Starke:
International law may be defined as that body of law which
is composed for its greater part of the principles and rules
of conduct which states feel themselves bound to observe,
and therefore, do commonly observe in their relations with
each other and which also includes:
A)The rules of law relating to the functioning of international
institutions or organisations, their relations with each
other, and their relations with states and individuals and
B)Certain rules of law relating to individuals and non-state
entities so far as the rights or duties of such individuals
and non-state entities are the concern of the international
community.
 Definition (Contd.)
Oppenheims new definition:
International law is the body of rules
which are legally binding on states in
their intercourse with each other. These
rules are primarily those which govern
the relations of states, but states are not
the only subjects of International law.
International organisations and, to some
extent, also individuals may be subjects
of rights conferred and duties imposed
by International law.
Subjects of International Law
States
International Organisations
Individuals
Any other entities including non-
state entities if their activities
become the concern of
international community
 Sources of International Law
Art 38 (1) of ICJ Statute
1) International Conventions
2) International Customs
3) General principles of law recognised by
civilized nations
4) Subsidiary means for determination of
principles of law
Judicial decisions and teachings of highly
qualified publicists
Nature of International Law
Basis natural law theory and
consent theory

Positive morality

Vanishing point of Jurisprudence

 International Law
and
Municipal Law

Monism

Dualism
 Implementation
Dichotomous Approach

Different Categories

Natural Right to Legal right

Universalization and Internationalization

Sectoral Approach
 CONSTITUTIONAL LAW
Origin
1215
Magna Carta
1628
The Petition of Rights
1679
Habeas Corpus Act
1689
The Bill of Rights
1701
Act of Settlement
1789
French Declaration of the Rights
of Man and of the Citizen
1791 Bill of Rights US Ten
amendments
 CONSTITUTIONAL LAW
Origin (Contd.)
Other constitutional and statutory rights world over
1926 Slavery Convention Concerning Forced or Compulsory Labour (ILO)
1948 Universal Declaration of Human Rights
1950 European Convention for the Protection of Human Rights and
Fundamental Freedoms
1965 International Convention on the Elimination of All Forms of Racial
Discrimination
1966 International Covenant on Civil and Political Rights (ICCPR)
1966 International Covenant on Economic Social and Cultural Rights
(ICESCR)
1969 American Convention on Human Rights
1979 Convention on Elimination on Discrimination Against Women
(CEDAW)
1981 African Charter on Human & Peoples Rights
1984 Convention Against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment
1989 Convention on Rights of the Child (CRC)
 Indian Constitution and its sources
PROVISIONS CONSTITUTION

The Federal Structure, Office of Government of India Act, 1935

the Governor, Emergency Powers

Law making procedure,

Rule of Law, Single Citizenship,
British Constitution
Parliamentary form of
Government
Fundamental Rights, Removal of
Supreme Court and High Court
Judges, Judicial Review, U.S.A. Constitution
Independence of Judiciary

Directive Principles, Nomination

of Members of the Council of Irish Constitution
States by the President

Fundamental Duties Former USSR Constitution

 Indian Constitution and its sources
PROVISIONS CONSTITUTION

Strong Centre and placing Canadian Constitution

Residuary Power with Centre

Suspension of Fundamental
Rights during Emergency German Constitution

Constitutional Amendment South African Constitution

Liberty, Equality, Fraternity and French Constitution

Republic

Concurrent List Australian Constitution

 Modes of adapting the
Constitution

Informal methods
Judicial interpretation
Conventions

Formal Method
Constituent Process
 Need for the
Constitutional Amendment

Times are not static

Importance of amending provision
Monopoly of wisdom
Recourse to extra constitutional
method like revolution to change
the Constitution
 Basic Structure
By propounding the Basic Structure
doctrine and its application from time to
time the Judiciary has been successful in
its attempt to jealously safeguard its
power of judicial review.

In essence the Supreme Court struck

a balance between its authority to
interpret the constriction and the
Parliaments power to amend it.