Notes
Notes
Notes
Answer
The main organs of the state are the executive, legislative, and judicial branches.
These organs are responsible for different functions within the state and work
together to ensure the smooth functioning of the government.
Judicial Branch: The judicial branch is responsible for interpreting and applying
laws. It includes the courts and judges who resolve disputes, uphold the rule of law,
and protect individual rights. The judicial branch ensures that laws are applied
fairly and impartially, and it has the power to review the constitutionality of laws
and government actions.
These three organs of the state work together to maintain a balance of power and
ensure the functioning of a democratic government. They provide a system of
checks and balances to prevent the concentration of power and protect the rights
and interests of the citizens.
Answer
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Forms of Government
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It is important to note that these forms of government can overlap or evolve over
time. Additionally, there are variations and hybrid forms that combine elements
from multiple systems. The choice of a particular form of government depends on
various factors, including historical, cultural, and socio-economic contexts Discuss
the Powers and Their Kinds?
In the context of government and politics, powers refer to the authority and abilities
that individuals or institutions possess to make decisions, enforce laws, and govern
a society. Powers can be categorized into three main types: legislative, executive,
and judicial.
Legislative Powers
Legislative powers are associated with the making of laws. This power is typically
vested in a legislative body, such as a parliament or congress. The main functions
of legislative powers include:
• Enacting Laws: Legislatures have the authority to propose, debate, and pass
laws that govern various aspects of society.
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Executive Powers
Executive powers are associated with the implementation and enforcement of laws.
This power is typically vested in the executive branch of government, headed by a
president, prime minister, or monarch. The main functions of executive powers
include:
• Enforcing Laws: The executive branch is responsible for ensuring that laws
are implemented and enforced effectively.
Judicial Powers
Judicial powers are associated with the interpretation and application of laws. This
power is typically vested in the judiciary, which includes courts and judges. The
main functions of judicial powers include:
• Interpreting Laws: Courts have the authority to interpret the meaning and
intent of laws, resolving disputes and providing legal clarity.
• Adjudicating Cases: Courts hear and decide legal cases, ensuring fair and
impartial resolution of conflicts.
• Judicial Review: In some countries, courts have the power to review the
constitutionality of laws and government actions.
It is important to note that these powers are often separated and distributed among
different branches of government to prevent the concentration of power and ensure
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Answer
The concepts of state, nation, and sovereignty are fundamental to the study of
political science and international relations. While they are related, they have
distinct meanings and characteristics.
State
A state is a political entity that exercises authority and control over a defined
territory and its population. It is characterized by having a government, a legal
system, and the ability to make and enforce laws. The state is responsible for
maintaining order, providing public services, and representing its citizens in
international affairs. Examples of states include the United States, France, and
China.
Nation
Sovereignty
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1. Sunnah
Sunnah" in Islam refers to the practices, actions, sayings, and approvals of Prophet
Muhammad (peace be upon him). It complements and supplements the Quran,
which is the holy book of Islam. The Sunnah provides guidance on how Muslims
should conduct various aspects of their lives, including matters of worship, ethics,
and social interactions.
The Sunnah is a crucial source of Islamic law (Sharia) and is used alongside the
Quran to derive legal rulings. It helps Muslims understand the teachings of the
Quran in a practical context, as the Prophet's actions and sayings exemplify how to
implement and interpret the Quranic guidance.
Scholars have meticulously collected and verified the authenticity of the Prophet's
sayings and actions, compiling them into books of Hadith. These Hadith
collections, along with the Quran, form the basis for understanding and practicing
Islam according to the teachings of Prophet Muhammad.
4. Legal Sunnah
"Legal Sunnah" refers to the practices and actions of Prophet Muhammad (peace
be upon him) that hold legal significance in Islamic jurisprudence. These actions
serve as a source of guidance for deriving legal rulings in matters where the Quran
may not provide explicit details. Scholars use the Legal Sunnah, along with the
Quran, to formulate and interpret Islamic law (Sharia).
In the context of Islamic legal reasoning, the Sunnah provides precedents and
examples that help in understanding how certain actions should be carried out or
how specific situations should be addressed. The Prophet's sayings, actions, and
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What did you understand about wajib give in detail it's elements and types
• Wajib 'Ain (Individual Duty): These are obligations that every individual
Muslim must perform. Examples include the five daily prayers (Salah),
fasting during the month of Ramadan (Sawm), and giving to charity (Zakat)
if one meets the financial criteria.
• Wajib Kifai (Collective Duty): These are duties that are obligatory on the
Muslim community as a whole, but if a sufficient number of people fulfill
them, the obligation is considered discharged for the entire community.
Examples include funeral prayers (Salat al-Janazah) and defending the
Muslim community in times of war.
• Intention (Niyyah): Like many acts of worship in Islam, the intention behind
performing a Wajib act is crucial. The individual must intend to fulfill the
obligation for the sake of Allah.
• Timeliness: Many Wajib acts have specific time frames within which they
must be performed. For example, the daily prayers have designated times
during the day.
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The concept of abrogation in Islamic law, also known as "Naskh" in Arabic, refers
to the idea that certain verses or rulings in the Quran or specific legal provisions
can be repealed or replaced by later revelations or legal pronouncements. The
Quran itself acknowledges the possibility of abrogation, stating that Allah has the
power to abrogate or confirm verses (Quran 2:106).
• Abrogation of Ruling (Naskh al-Hukm): In this type, both the recitation and
the legal ruling of the verse are abrogated. A later revelation or legal ruling
supersedes the earlier one, and the previous obligation is no longer in force.
This type is more comprehensive, affecting both the wording and the legal
implications.
The Quran, considered the holy book of Islam, is the primary and most
authoritative source of legislation in Islamic law (Sharia). Its significance as a
source of law stems from the belief among Muslims that the Quran is the literal
word of God (Allah) as revealed to the Prophet Muhammad through the Angel
Gabriel.
Here are key aspects regarding the Quran and its role in Islamic legislation:
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1. Divine Revelation: Muslims believe that the Quran is the ultimate source of
guidance, containing divine revelations given to Prophet Muhammad over a
period of approximately 23 years. It covers various aspects of life, including
theology, morality, and legal principles.
3. Legal Content: The Quran addresses a wide range of legal matters, including
family law, criminal law, contract law, and ethical principles. Verses in the
Quran provide guidance on issues such as marriage, divorce, inheritance,
punishment for crimes, and commercial transactions.
4. Immutable and Eternal: Muslims believe that the Quran is immutable and
eternal, and its laws are considered timeless. They are not subject to change
or abrogation, except in cases where abrogation has been explicitly
mentioned within the Quran itself.
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Differentiate between demand and supply. Explain law of demand and law of
supply with schedule and graph (ALREADY GIVEN IN PAST PAPERS
2020)
The Malthusian population theory, proposed by Thomas Malthus in the late 18th
century, suggests that population growth will eventually outpace the availability of
resources, leading to a crisis. Malthus argued that while population grows
exponentially, the production of food and resources grows linearly. This imbalance
would result in poverty, famine, and other social problems.
Malthus identified two types of checks that would limit population growth:
preventive checks and positive checks. Preventive checks include practices like late
marriage, abstinence, and contraception, which aim to reduce the birth rate.
Positive checks, on the other hand, refer to natural disasters, diseases, wars, and
other factors that increase the death rate.
Applicability to Pakistan
On the other hand, the Malthusian theory does not fully account for technological
advancements and economic development. Pakistan has made progress in
improving agricultural productivity, healthcare, and education, which have helped
mitigate some of the challenges associated with population growth. Additionally,
In conclusion, while the Malthusian population theory provides insights into the
challenges posed by population growth, its direct applicability to Pakistan's
conditions is limited. It is important to consider a range of factors, including
technological advancements, economic development, and social policies, to
understand the dynamics of population growth and resource availability in Pakistan
Unemployment refers to the situation where individuals who are actively seeking
employment are unable to find work. It is typically measured as a percentage of the
labor force. Underemployment, on the other hand, refers to a situation where
individuals are employed but are working fewer hours than they desire or are
overqualified for their current job.
Population Growth: Pakistan has a rapidly growing population, which puts pressure
on the job market and makes it difficult to create enough employment
opportunities.
Lack of Skills: Many individuals in Pakistan lack the necessary skills and
qualifications required by employers, leading to a mismatch between the skills
available in the labor market and the skills demanded by employers.
Eliminating Unemployment
What do you mean by market? Explain briefly markets of time and location?
Answer
Market
A market refers to a place or mechanism where buyers and sellers come together to
exchange goods, services, or resources. It can be physical, such as a traditional
marketplace, or virtual, such as an online platform.
Markets of Time
Markets of Location
Markets of location involve the buying and selling of goods or services based on
their physical location. These markets are influenced by factors such as proximity
to suppliers, customers, and infrastructure. Examples include local farmers’
markets, where farmers sell their produce directly to consumers, and retail stores
that cater to specific geographic areas.
In both markets of time and location, the forces of supply and demand determine
prices and quantities exchanged. These markets play a crucial role in the allocation
of resources and the functioning of the economy.
Answer
Let's consider the market for apples. Suppose there is an increase in apple
production due to favorable weather conditions. As a result, the supply of apples in
the market increases. However, the demand for apples remains constant. In this
scenario, the increased supply of apples exceeds the demand, leading to a surplus.
Now, let's consider the market for smartphones. Suppose there is a new
technological advancement that makes smartphones more desirable. As a result, the
demand for smartphones increases. However, the supply of smartphones remains
constant. In this scenario, the increased demand for smartphones exceeds the
supply, leading to a shortage. To balance the market, sellers may increase the price
of smartphones to limit the number of buyers. As a result, the price of smartphones
increases.
Example 3: Equilibrium
In some cases, the supply and demand for a commodity may be in balance,
resulting in an equilibrium price. Let's consider the market for gasoline. Suppose
the supply of gasoline and the demand for gasoline are relatively equal. In this
scenario, the market is in equilibrium, and the price of gasoline remains stable. If
there is a change in either supply or demand, it will affect the equilibrium price.
Public international law 2022
Answer
Tokyo Trial
The Tokyo Trial, officially known as the International Military Tribunal for the Far
East (IMTFE), was a military tribunal held in Tokyo, Japan, from 1946 to 1948. It
was established to prosecute and bring to justice individuals responsible for war
crimes, crimes against humanity, and other atrocities committed during World War
II in the Asia-Pacific region.
Description
The Tokyo Trial was conducted by 11 judges from 11 different countries, including
the United States, the United Kingdom, China, Australia, Canada, France, the
Netherlands, India, the Philippines, New Zealand, and the Soviet Union. The trial
focused on prosecuting high-ranking Japanese military and political leaders
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accused of planning, initiating, and executing war crimes and crimes against
humanity.
The charges brought against the defendants included crimes such as the
mistreatment and abuse of prisoners of war, the use of chemical and biological
weapons, the forced labor and enslavement of civilians, the execution of captured
military personnel, and the systematic rape and sexual slavery of women.
The trial followed a similar structure to the Nuremberg Trials held in Germany,
with the prosecution presenting evidence and witnesses to support their case, and
the defense having the opportunity to present their own evidence and crossexamine
witnesses. The judges then deliberated and delivered their verdicts.
Criticism
The Tokyo Trial has been subject to criticism from various perspectives. Some of
the criticisms include:
Selective Justice: Critics argue that the trial focused primarily on Japanese war
crimes while downplaying or ignoring the crimes committed by other nations
involved in the conflict. This has led to accusations of victor’s justice and a lack of
impartiality.
Political Motivations: The trial was seen by some as a means for the victorious
Allied powers, particularly the United States, to exert control over Japan and shape
its post-war political landscape. This raised concerns about the fairness and
objectivity of the proceedings.
Legal Ambiguities: The legal framework used in the trial, particularly the concept
of “crimes against humanity,” was relatively new and lacked clear definitions. This
ambiguity led to challenges in applying consistent standards of justice and
determining individual culpability.
Cultural Bias: Critics argue that the trial failed to fully consider the cultural and
historical context in which the accused individuals operated. This limited
understanding of Japanese culture and military traditions may have influenced the
judgments and sentencing.
What are the silent features of the UN convention on the law of seas 1982?
The United Nations Convention on the Law of the Sea (UNCLOS) has several key
features:
Territorial Sea: Nations have a 12-nautical-mile territorial sea, where they have
sovereignty, and beyond that, there’s a contiguous zone where they can enforce
customs, fiscal, immigration, and sanitary laws.
Exclusive Economic Zone (EEZ): Coastal nations have the right to exploit,
conserve, and manage resources within a 200-nautical-mile zone from their
baseline.
Continental Shelf: Coastal states have sovereign rights over the continental shelf
for exploring and exploiting its natural resources.
Freedom of Navigation: UNCLOS ensures the right of all states to enjoy the
freedom of navigation and overflight in the high seas.
Protection of Marine Environment: Emphasizes the duty to protect and preserve the
marine environment.
Recognition
State Recognition: This is the most common form of recognition and involves
acknowledging that a particular entity possesses the attributes of statehood,
including a defined territory, a permanent population, a government, and the
capacity to enter into relations with other states. Recognition is a political act, and
there is no universally prescribed process for it.
Neutrality
Neutrality in public international law refers to the legal status of a state that
chooses not to participate in armed conflicts between other states. Neutrality
involves a commitment to remain impartial and refrain from taking sides in the
conflict. Here are key aspects of neutrality:
Impartiality: Neutrality requires a state to treat all parties to the conflict equally,
avoiding any actions that could be perceived as favoritism toward one side over the
other.
Diplomatic and Consular Functions: Neutral states often maintain diplomatic and
consular relations with belligerent parties to facilitate communication and protect
the interests of their citizens.
Territorial Sovereignty: This refers to a state’s exclusive right to govern its territory
without external interference. Other states are generally prohibited from
intervening in the internal affairs of a sovereign state.
Political Sovereignty: This aspect involves the state’s authority to make decisions
for its own governance, establish laws, and determine its political structure without
external coercion.
Exclusive Economic Sovereignty: States have the right to control and manage their
natural resources, economic policies, and trade relations within their borders. The
concept of Exclusive Economic Zones (EEZ) in maritime law is an extension of
this economic sovereignty.
Immunity: Sovereign states enjoy immunity from the jurisdiction of foreign courts
and legal processes. This principle is known as state immunity and is based on the
idea that one sovereign state should not adjudicate the acts of another.
of Nations:
The Covenant of the League of Nations, which served as its constitution, was
included in the Treaty of Versailles. The League officially came into existence on
January 10, 1920, with the goal of promoting collective security, disarmament, and
the resolution of international disputes through diplomatic means. However, the
League faced challenges, including the absence of major powers like the United
States and the inability to prevent the outbreak of World War II. It was dissolved in
1946 and succeeded by the United Nations.
The International Court of Justice, also known as the World Court, is the principal
judicial organ of the United Nations. Its origins can be traced back to the League of
Nations’ Permanent Court of International Justice (PCIJ), which was established in
1920 under the League’s Covenant.
When the League of Nations dissolved, the PCIJ’s continuity was ensured through
the United Nations Charter, which came into effect in 1945. The ICJ was
established to settle legal disputes between states and provide advisory opinions on
legal questions referred by the UN General Assembly, Security Council, and other
specialized agencies and organs. The ICJ’s Statute is an integral part of the UN
Charter.
The ICJ officially began its operations in 1946, with its seat at the Peace Palace in
The Hague, Netherlands. It has played a significant role in resolving disputes
related to international law, state sovereignty, human rights, and other legal
matters. The ICJ operates on the basis of the consent of the parties involved, and its
decisions are binding. It continues to be a key institution for the peaceful
settlement of international disputes within the framework of the United Nations.
When a state had declared blockade any part of enemy territory now trade or
any other purpose for himself explain.
Effective Control: For a blockade to be lawful, the state must have the ability to
effectively control access to the blockaded area. This means having sufficient naval
or military presence to enforce the blockade.
Neutrality: Neutral states have certain rights during a blockade, including the right
to trade with non-blockaded parts of the enemy territory. Blockades should not
unduly interfere with the rights of neutral states.
The development of international law has evolved over centuries and has been
shaped by historical events, treaties, customary practices, and the growth of
international institutions. Here is a broad overview of the key phases in the
development of international law:
Early Foundations (16th to 18th centuries): The roots of international law can be
traced back to early scholars like Hugo Grotius and Francisco de Vitoria, who laid
the foundations for modern international legal thought. Their works, such as
Grotius’s “The Law of War and Peace” (1625), explored the idea of natural law
governing relations between states.
Treaty of Westphalia (1648): The Peace of Westphalia, ending the Thirty Years’
War, is often considered a turning point. It marked the beginning of the concept of
state sovereignty and the principle of non-intervention in the internal affairs of
other states.
19th Century Codification Efforts: The 19th century saw increased efforts to codify
and systematize international law. The Brussels Conference of 1874 attempted to
codify the laws and customs of war. The Hague Conferences of 1899 and 1907
addressed issues of disarmament and the laws of war.
The League’s Covenant and various treaties addressed issues such as territorial
integrity, disarmament, and arbitration.
Human Rights Era: The mid-20th century witnessed a focus on human rights. The
Universal Declaration of Human Rights (1948) and subsequent treaties formed the
core of international human rights law.
Historical Evolution: The concept has its roots in British constitutional history. It
was notably articulated by legal theorist A.V. Dicey in the 19 th century, who
emphasized the absolute legislative authority of the British Parliament.
Enactment and Repeal of Laws: Parliament has the authority to enact and repeal
laws without any legal constraints. This means that it can create or abolish any law,
and no previous parliament can bind a future one. Each parliament is sovereign in
its own right.
The British Parliament is one of the oldest and most influential legislative bodies in
the world, with a rich history dating back centuries. Comprising two houses—the
House of Commons and the House of Lords—the UK Parliament plays a central
role in the country’s constitutional and political framework.
House of Commons:
Functions: The House of Commons is the primary legislative chamber, and the
government is formed by the political party or coalition with the majority of seats.
House of Lords:
Budget and Finance: The government proposes the budget, including taxation and
spending plans, in the House of Commons. It requires approval to be implemented.
Debates and Discussions: Both houses serve as forums for discussing national and
international issues, providing a platform for diverse perspectives.
Historical Development:
Medieval Origins: The roots of Parliament can be traced to medieval councils and
assemblies that advised monarchs.
Magna Carta (1215): The Magna Carta laid the groundwork for the principle that
the monarch’s powers should be limited by law, marking an early step toward
constitutional governance.
Evolution of the Commons: Over time, the power of the House of Commons
increased, particularly following conflicts like the English Civil War and the
Glorious Revolution.
Acts of Union (1707, 1800): The union of England and Scotland in 1707 and later
with Ireland in 1800 created the United Kingdom, shaping the structure of
Parliament.
House of Lords Reform: Proposals for reforming or even abolishing the hereditary
peerage system in the House of Lords have been a recurring topic.
Statute Law:
Common Law:
Constitutional Conventions:
Treaties and EU Legislation: While the UK was a member of the European Union,
EU law, including treaties and legislation, formed an integral part of the British
constitution. However, with Brexit, the direct influence of EU law has diminished,
although some elements may still be relevant in certain contexts.
Works of Authority:
Devolution Acts:
Scotland Act 1998, Government of Wales Act 1998, and Northern Ireland Act
1998: These acts establish devolved administrations with legislative powers in
specific policy areas, contributing to the constitutional landscape.
Historical Documents: Documents such as the Magna Carta (1215) and the Bill of
Rights (1689) have historical significance and are considered foundational to
constitutional principles. While they may not be directly applicable in modern legal
terms, they have symbolic importance.
Political Dynamics: Public opinion and political traditions can shape constitutional
developments. Constitutional changes are often influenced by the democratic will
of the people and evolving societal values.
The term “Congress” typically refers to the legislative branch of the United States
government, which is a bicameral body consisting of the Senate and the House of
Representatives. The functions of the U.S. Congress are outlined in the
Constitution and encompass a range of legislative, oversight, and representative
responsibilities. Here are the primary functions of Congress:
Legislation:
Representation:
Oversight:
Executive Oversight: Congress has the authority to oversee the actions of the
executive branch. This includes conducting investigations, holding hearings, and
reviewing executive policies to ensure they align with the law.
Impeachment:
Checks on Executive and Judicial Branch: The House of Representatives has the
sole authority to initiate impeachment proceedings against federal officials,
including the President. The Senate conducts the trial and can convict and remove
impeached officials.
Confirmation of Appointments:
Senate Confirmation: The Senate plays a crucial role in the confirmation of key
appointments made by the President, including federal judges, cabinet members,
and other high-ranking officials.
Treaty Ratification:
Senate Approval: The Constitution grants the Senate the authority to ratify treaties
negotiated by the President. A two-thirds majority vote is required for approval.
Constitutional Amendments:
Declaration of War:
War Powers: While the President is the Commander-in-Chief, Congress has the
authority to declare war. The War Powers Act also outlines the President’s
reporting obligations to Congress in matters of military deployment.
Public Policy Formation: Members of Congress advocate for public policies and
initiatives aligned with their party’s platform or the needs of their constituents.
They participate in shaping the national agenda.
Casework:
These functions collectively reflect the multifaceted role of Congress in the U.S.
system of government, emphasizing its responsibilities in lawmaking,
representation, oversight, and the checks and balances inherent in the Constitution.
How has concept of judicial review has been developed by the court of US.
Discuss in detial
The concept of judicial review, the power of a court to review the constitutionality
of legislative or executive actions, has been a significant development in the United
States, primarily shaped by key Supreme Court decisions. Here is a detailed
exploration of the evolution of judicial review in the U.S.:
Ruling: Chief Justice John Marshall, in his opinion, declared that the Judiciary Act
of 1789, which Marbury relied on for relief, was unconstitutional. This decision
asserted the Court’s authority to review the constitutionality of statutes and, by
extension, executive actions.
Contract Clause Interpretation: These cases expanded judicial review to include the
protection of contracts from impairment by state legislation. The Court asserted the
power to review state laws and invalidate those conflicting with the Constitution.
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3. McCulloch v. Maryland (1819):
Implied Powers: Chief Justice Marshall, in this case, affirmed the constitutionality
of the Second Bank of the United States and established the doctrine of implied
powers. The Court held that the Necessary and Proper Clause allowed Congress to
establish the bank, emphasizing the broader powers implied by the Constitution.
Controversial Ruling: This decision, widely criticized for its stance on slavery,
highlighted the limitations of judicial review. The Court ruled that enslaved
individuals were property, not citizens, and declared the Missouri Compromise
unconstitutional. The backlash against the decision underscored the potential for
judicial review to be contentious and subject to public and political pressures.
Amendments and Expansion: The post-Civil War era saw the ratification of the
14thAmendment, which extended equal protection under the law. The Court, in
cases like Slaughter-House Cases (1873) and Civil Rights Cases (1883), initially
limited the scope of the amendments. However, subsequent decisions gradually
expanded constitutional protections.
Economic Due Process: During this period, the Court often struck down economic
regulations, asserting a substantive due process approach to protect property rights.
This era reflected a form of judicial review that extended to economic and
regulatory matters.
Incorporation Doctrine: The Warren Court extended the Bill of Rights to the states
through the incorporation doctrine, ensuring that state actions were subject to
federal constitutional scrutiny. This marked a significant expansion of judicial
review over state and local governments.
10.Contemporary Developments:
What does mean by kind do no wrong and the kind never dies.
Answer
Exceptions to the rule of law can arise in certain circumstances. These exceptions
include:
1. Emergency situations: In times of crisis or emergency, governments may
temporarily suspend certain rights or impose restrictions to protect public safety.
However, these measures should be proportionate, necessary, and subject to
review.
What do you understand by hukm-e-sharia? Give in detail it’s elements and types.
Answer
Hukm-e-Sharia: Elements and Types
Hukm-e-Sharia refers to the legal rulings derived from Islamic law, also known as Sharia.
It encompasses a wide range of legal principles and guidelines that govern various
aspects of life, including personal conduct, family matters, business transactions, and
criminal justice.
Elements of Hukm-e-Sharia:
Quran: The Quran is the primary source of Islamic law. It is believed to be the word of
God as revealed to the Prophet Muhammad. Legal rulings are derived from the verses of
the Quran, which provide guidance on various matters.
Hadith: Hadith refers to the sayings, actions, and approvals of the Prophet Muhammad.
Hadith collections serve as a secondary source of Islamic law and provide additional
guidance on legal matters.
Ijma: Ijma refers to the consensus of Islamic scholars on a particular legal issue. It is
considered a source of authority in Islamic law and is derived from the collective
agreement of scholars throughout history.
Qiyas: Qiyas is the process of analogical reasoning, where legal rulings are derived by
applying the principles of existing laws to new situations. It involves finding similarities
between a known legal ruling and a new case to determine the appropriate ruling.
Types of Hukm-e-Sharia:
Hukm Wajib: A wajib ruling is an obligation that Muslims are required to fulfill. It is a
mandatory duty that must be performed, and failure to do so may result in sin or
punishment.
Istihsab
Istihsab is a legal principle in Islamic law that means “presumption of continuity.” It is
based on the idea that the legal ruling of a particular matter remains in effect until there is
evidence to suggest otherwise. In other words, if a legal ruling has been established and
there is no evidence or indication of any change or abrogation, it is presumed to continue
to be valid.
The principle of istihsab is used to maintain legal stability and avoid confusion in Islamic
jurisprudence. It ensures that established rulings are not easily overturned without clear
evidence of change or abrogation.
Abrogation
Already written in 2022
Explain Quran and Quranic legislation as a primary source of Islamic law.
Already written in 2022
What is difference between ijma and qiya?
Already written in 2022
The legal capacity of individuals considered lunatic or mentally ill, as well as children,
varies across jurisdictions. Generally, legal capacity refers to the ability of a person to
understand and make decisions, particularly in legal matters. Here's a brief overview:
Lack of enforcement: The UN’s ability to enforce its decisions and maintain peace is
often constrained by the voluntary compliance of member states.
Inefficiency and bureaucracy: The UN’s complex structure and decision-making
processes can lead to delays and inefficiencies in addressing urgent issues.
Limited representation: The General Assembly’s one-country-one-vote system can
result in the dominance of a few powerful states, potentially marginalizing smaller
nations.
Despite these challenges, the UN Charter and its organs remain essential in promoting
international cooperation, resolving conflicts, and addressing global issues. Efforts to
reform and strengthen the UN continue to be pursued to enhance its effectiveness and
relevance in the changing world.
What are the elements of state and discuss responsibilities of state
Elements of State
The state is a political entity that exercises authority and governs a specific territory. It is
characterized by certain elements that define its existence and functioning. The elements
of the state are as follows:
Population: A state consists of a group of people who live within its boundaries and are
subject to its authority. The population can be diverse in terms of ethnicity, culture, and
religion.
States may withdraw recognition of another state in certain circumstances, typically based
on changes in the political landscape or the conduct of the recognized state. Some cases
where a state might withdraw recognition include:
Change in Government:
If there is a change in the government of the recognized state through illegitimate means,
the recognizing
Violation of state might reconsider its recognition.
International Law:
If the recognized state engages in activities that violate international law, such as
aggression against another state, the recognizing state may withdraw recognition.
Human Rights Abuses:
Instances of severe and persistent human r ights abuses by the recognized state might
prompt another state to withdraw recognition in protest.
Treaty Violations:
Violation of international treaties or agreements by the recognized state may lead to a
withdrawal of recognition by other
states.
Unlawful
Any Conduct:
significant breach of international law or norms by the recognized state that
undermines the basis for recognition may be a reason for withdrawal.
Obligations: nternational obligations, especially those it
Failure to Meet
committed to at the time of recognition, other states may reconsider their recognition
International
If a recognized state fails to fulfill its i
Private international law and public international law are two distinct branches of
international law that govern different aspects of legal relations between states and
individuals. Here's a brief explanation of each:
Private International Law
Rights of States
1. Sovereignty: States have the right to exercise supreme authority within their
territorial boundaries and to govern their internal affairs without interference from
other states.
2. Territorial Integrity: States have the right to maintain the inviolability of their
territory and to defend it against any aggression or unlawful intervention.
3. Self-Determination: States have the right to determine their own political,
economic, social, and cultural systems without external interference.
4. Equality: States are considered equal under international law, regardless of their
size, population, or level of development. Each state has the right to participate
equally in international relations.
5. Diplomatic Relations: States have the right to establish and maintain diplomatic
relations with other states, including the right to send and receive diplomatic
missions and to conclude treaties. Duties of States
1. Non-Intervention: States have a duty to refrain from interfering in the internal
affairs of other states. This principle is known as the principle of non-intervention
and is aimed at preserving the sovereignty and independence of states.
2. Respect for Human Rights: States have a duty to respect and protect the human
rights of individuals within their territory, as enshrined in international human
rights treaties and customary international law.
Key Ideas: Emphasizes the role of free markets, individual self-interest, and limited
government intervention. The invisible hand and the idea of comparative advantage
are foundational concepts.
Neoclassical Economics:
Key Figures: Alfred Marshall, Leon Walras.
Key Ideas: Builds upon classical economics but introduces mathematical modeling
and the concept of utility maximization. Neoclassical economists focus on how
individuals and firms make choices to maximize their satisfaction or profit.
Keynesian Economics:
Key Figures: John Maynard Keynes.
Key Ideas: Developed in response to the Great Depression, Keynesian economics
advocates for active government intervention to stabilize the economy. It
emphasizes the role of aggregate demand and supports fiscal and monetary policies
to manage economic fluctuations.
Monetarism:
Key Figures: Milton Friedman.
Key Ideas: Argues that changes in the money supply are the primary drivers of
economic fluctuations. Monetarists advocate for a stable and predictable growth
rate of the money supply to achieve long-term economic stability.
Austrian School:
Key Figures: Ludwig von Mises, Friedrich Hayek.
Key Ideas: Stresses the importance of individual action and entrepreneurship.
Austrian economists emphasize the role of markets in coordinating economic
State
A state is a political entity that exercises authority and control over a defined territory and its
population. It has a government that makes and enforces laws, collects taxes, and provides
public services. The state is characterized by its sovereignty, which means it has the ultimate
power and authority within its territory.
Nation
A nation refers to a group of people who share a common culture, language, history, and
often a sense of identity. It is a subjective concept based on a collective sense of belonging
and shared values. A nation may or may not have its own state. For example, the Kurds are a
nation without a state, as they do not have their own independent political entity.
Sovereignty
Sovereignty is the supreme authority and independence of a state to govern itself without
interference from external forces. It means that a state has the right to make decisions within
its territory and is not subject to the authority of any other state or international organization.
Sovereignty is a key principle of the international system and is recognized by other states
through diplomatic relations.
Political science 2020
Define State what are the functions of state?
The State refers to a political entity that exercises authority and control over a defined
territory and its population. It performs various functions to ensure the well-being and
stability of society. Here are some key functions of the State:
Legislative Function: The State creates laws and regulations to govern society. The
legislative branch, consisting of elected representatives, formulates and enacts laws that
reflect the needs and values of the population.
Bicameral Legislature:
Merits:
• Checks and Balances:Bicameralism provides a system of checks and balances by
dividing legislative power between two chambers. This helps prevent the
concentration of power and ensures that legislation is thoroughly debated and
scrutinized.
Merits:
Political science is a social science discipline that systematically studies government systems,
political behavior, political thought, and the distribution of power. In modern times, the
nature and scope of political science have evolved to encompass a broad range of topics and
methodologies.
Dynamic and Evolving: Political science is dynamic, reflecting the ever-changing nature of
political systems, ideologies, and global affairs. It adapts to new political challenges and
developments.
Descriptive and Prescriptive: Political science describes political events and systems and
prescribes solutions or recommendations for addressing political issues.
Political Theory: Examines the ideas and concepts underlying political systems, exploring
topics such as justice, authority, rights, and freedom.
Political Sociology: Explores the sociological aspects of politics, studying the influence of
social structures, groups, and individuals on political behavior.
Decision-Making:
Citizen Participation:
Democracy: Emphasizes citizen participation, often through regular elections and the
protection of individual rights and freedoms.
Rule of Law:
Authoritarianism: Rule by law, where the legal system may serve the interests of the ruling
authority rather than providing equal protection for all citizens.
Democracy: Rule of law, with an independent judiciary ensuring fairness, justice, and
protection of individual rights.
Authoritarianism: Limited political diversity and opposition; a single party or leader may
dominate the political landscape.
Democracy: Allows for political pluralism, with multiple parties and viewpoints, fostering a
competitive political environment.
Accountability:
Democracy: Leaders are accountable to the electorate, and regular elections provide a
mechanism for citizens to express their approval or disapproval.
Protection of Rights:
Authoritarianism: Individual rights and freedoms may be restricted or sacrificed for the sake
of stability or the state's interests.
Define state and show the difference between state and government.
State:
Definition:
State: The state refers to the entire political entity, including its territory, population,
government, and sovereignty.
State: The state is a broader concept that encompasses all the institutions and elements that
make up a sovereign political entity.
Permanence:
State: The state is considered permanent and enduring, representing the ongoing political
entity.
Composition:
State: Comprises various institutions, including the government, legal system, military, and
other administrative bodies.
Sovereignty:
State: Possesses sovereignty, which is the supreme authority to make and enforce laws
within its territory.
Government: Acts as the agent of the state in exercising its authority but is not sovereign in
itself.
Change:
State: While the state is relatively stable, changes in borders (through treaties or conflicts)
can alter its territory.
The perception and influence of communism in world politics have indeed undergone
changes over time, and various factors contribute to the challenges faced by communist
ideologies in the contemporary global context.
The dissolution of the Soviet Union in 1991 marked the end of the Cold War and dealt a
significant blow to the credibility of communism. The economic struggles and political
changes in the post-Soviet states raised questions about the viability of centrally planned
economies.
2. Economic Performance:
Many communist states have faced economic challenges, with centrally planned economies
often struggling to compete with more market-oriented systems. This has led to skepticism
about the economic viability of communist models.
3. Authoritarianism Concerns:
Some countries that identify as communist or have historical ties to communism are
criticized for maintaining authoritarian political structures. Concerns about human rights
abuses and lack of political freedoms in such regimes have tarnished the image of
communism.