Thursday, 22 February 2018

CONCEPT NOTE

INTRODUCTION

Almost everything we do is governed by some set of rules. There are rules for social engagements, for sports and for workplace. Sometimes, we are confronted with rules imposed by morality and custom that play an important role in telling us what we should and should not do. However, those rules, made by the state or the courts are called "laws". 

Laws resemble morality because they are designed to control or alter our behaviour. But unlike rules of morality, laws are enforced by the courts; if you break a law -- whether you like that law or not -- you may be forced to pay a fine, pay damages, or go to prison. 

The principal function of the law is to ensure social cohesion, and to allow individuals to
live together in peace. In theory, social cohesion will only exist when people recognise the authority of the law. Therefore, as society changes, so too must the law in order to maintain cohesion. There are a number of social, cultural, economic and political changes, which lead to the need for a change in the law.

THE CONCEPT OF LAW

Almost everything we do is governed by some set of rules. There are rules for social engagements, for sports and for workplace. Sometimes, we are confronted with rules imposed by morality and custom that play an important role in telling us what we should and should not do. However, those rules, made by the state or the courts are called "laws". 

Law therefore, is a set of rules for society, designed to protect basic rights and freedoms, and to treat everyone fairly. These rules can either be public law which deals with matters that affects society as a whole or private law, which on the other hand, deals with the relationships between individuals in society and is used primarily to settle private disputes

Laws resemble morality because they are designed to control or alter our behaviour. But unlike rules of morality, laws are enforced by the courts; if you break a law -- whether you like that law or not -- you may be forced to pay a fine, pay damages, or go to prison. 

The principal function of the law is to ensure social cohesion, and to allow individuals to live together in peace. In theory, social cohesion will only exist when people recognise the authority of the law. Therefore, as society changes, so too must the law in order to maintain cohesion. There are a number of social, cultural, economic and political changes, which lead to the need for a change in the law.

CONCEPT OF LAW REFORM

Law reform or legal reform is the process of examining existing laws, and advocating and implementing changes in a legal system, usually with the aim of enhancing justice or efficiency. 

In other words, it is the process of changing and updating laws, so that they reflect the current values and needs of modern society. Those responsible for making our laws must identify and study shifts in values, behaviours and expectations; they must consider whether new or amended laws are required; and they must develop and implement these changes. 

Law reform is a perpetual or ongoing process: it never finishes. The law must be flexible and receptive to change, so that stays fair, relevant and up to date. Above all, it must serve the needs of the people. A law based on outdated or irrelevant values will only let down the people it is intended to serve and protect. The law must also be able to respond to situations and scenarios thrown up by a changing society, such as new forms of criminal activity.

One important challenge for lawmakers is law reform. Society changes over time and so the views and values of its citizens.

IMPERATIVES OF LAW REVISION

Statute law revision may refer to the printing of or the editorial process of preparing a revised edition of the statutes, or the process of repealing obsolete enactments to facilitate the preparation of such an edition, or to facilitate the consolidation of enactments

Essentially, Law Revision, Codification, Consolidation and Publication of Acts of National Assembly and other subsidiary legislations of the Federal Republic of Nigeria is expedient in order to prevent duplication of laws by the legislature and to ensure ease of reference by the general public and researchers including legal practitioners, judges, scholars etc.

Even though the legal template for the periodic revision of statute laws of the Federation has not been completely firmed up which has also made serial attempts to codify laws passed by the national Assembly since 2004 compilation exercise has not been seamless, the periodic law revision is absolutely critical for purposes of certainty, clarity ease of reference

URGENCY OF LAW REVISION

The urgency of the need for revision of the LFN is essentially predicated on the basis the revision of the LFN or any part thereof is expected to take place at the expiration of 10 years from the publication of the last version of the LFN or such earlier period as may be necessary.

The last revision of the LFN was done in 2004 with implication that the revision exercise ought to have taken place in 2014 (some four years behind) and this has not happened.


1 comment:

  1. the write up is enlightening and well prepared but there are too many repetition which is not necessary and can be deleted without altering the write up.

    ReplyDelete