Relationship between Law and Politics

The law functions in relation with politics with three basic aspects

1st politics can define predominantly legal values or institution as goals. In this the political understanding of
these values become of these values becomes almost identical to authentic legal values.

2nd Politics can comprehend law as tool for the fulfilment of certain political interests. In this politics is neutral
towards the law.

3rd Politics can interpret law as an obstacle on the way to a political goal. In this either politics prevails over
law or law over politics.

Introduction

The high level of autonomy of modern law is one of the most significant factors that defines the limits of
politics and contributes to the constructive development of different societies.

Difference

Initially there was no difference between the two but they both came in existence separately due to dualist
nature of human beings.

Three political dimensions

1st Institutional Dimension – Expressed by term Polity, entails operation of various state and non-state
institution like parties, social movement, public media, the legislature and the government.

2nd Normative Dimension – Expressed by the term Policy, the creation of normative ideas or ideals that define
the basic societal values and objective towards a practical realization of such.

3rd Process Related Dimension – Expressed by the term politics , the formation of political will through the
implementation of the social power and authority and built through conflict and consensus

Three Law Dimensions

1st Institutional perspective – Its expressed by two factors ; the est of specific bodies legitimized by means of
their specific professional legal structure and functioning and non state institution where the attorney ship
belongs.

2nd Normative Perspective – The law is the creation of general and individual legal norms.

3rd process Related Perspective – The law appears by means of various procedure like the legislative or
criminal procedure .

Relation between law and politics

Both have a progressive function and a safeguarding function. Both separately or together both encourage
and supress the development of societal relations while they both work in order to bring law and order.

All legal institute are a partial reflection of individual or collective political decision at a certain time.
Legal institute have a reverse influence on politics in that they limit and direct politics as a part of a wider
legal awareness.

They don’t have a constantly determined eoles since in different time period they can be in opposition or
non agreement.

It doesn’t suggest that law cannot be successful in promoting new societal relations but it does suggests that
only from aspect of legal policy.

Politics cannot exist without law and vice versa.

In an authoritarian or totalitarian state the legal policy is subordinate to political policy.

In democratic state there is a dynamic partner competitor relationship between the two policies where
sometimes politics prevails sometimes law prevails.

The influence of politics on law is strongest when they confront one another in legislative and other
parliamentary procedures.

Autonomy of law

1 Generality – It doesn’t ain at an individual rather on a group of individual. The main function is to ensure
legal equality.

2 Abstractness – Create a model of action. Its main function is to ensure predictability and trust in law

3 Formalism – It’s an inevitable consequence of generality and abstractness. It establish clearly formed
demands in the process of the formation and use of the law .

4 Systematicity - Ensuring the highest level of unity , coherence and completeness of law.