It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness or prerogative, or even wide discretionary authority on the part of the government. DICEY’S RULE OF LAW According to Dicey, the rule of law is one of the fundamental principles of the English system. In the aforesaid book, he attributed the following three meanings of the said doctrine:- 1. Supremacy of law 2.
If the state no longer fulfills its contract of protecting its citizens, or if citizens successfully overthrows the sovereign, the contract is broken. While absolute government is efficient in securing safety, it is at best a sufficient condition. Hence, the two options Hobbes presents are not the only solutions. Having shown that this is the case, I will explain why absolutism, the fact that power is solely concentrated on the sovereign, should be
Given these observations, it is clear that a constitution should be short and rigid in order to maintain the foundations that define a state’s identity, and to preserve the people’s ability to self-govern in a stable political system. This especially elucidates the government’s scope of influence by emphasizing the role federalism plays in making political decisions. A short constitution is vital in outlining the basic functions of government. Overall, its primary purpose is to identify what specific capabilities the government should be equipped. These powers must be constructed so that they protect the people’s individual rights, and avoid the tendency toward encroachment.
This essay will argue that a right to revolution needs to be granted to citizens in the case of a tyrannical government because it is the government’s duty to serve its citizens, and if it fails to do so, the people need to replace it with an alternate form of governance. The right of revolution is also a fundamental human right, and needs to be in place in order to ensure the liberty and freedom of the people. To examine the need for a right of revolution, we must first try to understand what such a right is. According to Locke, for the people to revolt, there first needs to be a ‘dissolution of government’, meaning that that the power is no longer in the hands of the people. In other words, a tyranny has been formed.
The doctrine of the separation of powers is clearly committed to a view of political liberty an essential part of which is the restraint of governmental power, and that this can best be achieved by setting up divisions within the government to prevent the concentration of such power in the hands of a single group of men. It shows that, separation of powers also can mean separation of function between different units of government, separation of personnel in the membership of different units of government and checks and balances between different units of government. The system in United Kingdom resembles a balance of powers more than a formal separation of the three branches, or what Walter Bagehot called a “fusion of powers” in The English Constitution. Separation of powers in UK shows that Parliament, executive and courts each have their own power scopes and each should exercise their powers accordingly. Article 16 of the (French) Declaration of the Rights of Man (1789) stated that ’a society where rights are not secured or the separation of powers established has no constitution’.
Meanings are constructed from a mix of history, norms, beliefs and ideas which one must understand in order to examine state behavior. Constructvist emphasizes the social context in which the events of international relations occur, how states perceive each other is a key determinate of their actions. Behind the western international promotion of democracy is the idea of self-determination, the notion that believes that any political collective should have the opportunity to choose its own future. The self-determination is result of using the carrot instead of the stick, one cannot force people into becoming free. The theory follows the assumptions that everyone wants to be free and dictate one owns life, the best way of accomplish this is to become a liberal
The freedom of the public, “is determined by the rights and duties established by the major institutions of society.” (Rawls 1971) The very claims Rawls makes in relation to rights and liberties ignores the fact that these rights and liberties have been decided by institutions which have not been assessed themselves. In another instance, Rawls brings forth the efficiency principle and claims that if an institution satisfies this principle and allows all representative positions to be open to those who are willing to pursue them, then the final result will be just distribution of primary
Locke states that there are three types of power (paternal, familial, and political) and expresses his fear of the types getting confused. Political, which is the right to make laws or protection and regulation of property, is the most important to Locke as it directly concerns the good of the public. In his process of defining political power, Locke refers to the state of nature (natural instincts of people) as a state of equality in which no person has more power than another. He notes, however, that there is a natural level of universal law that exists in this nature and that people do not have license to abuse others. Locke proposes that natural law only calls for the punishment to fit the crime.
To leave this dark depiction of the state of nature, humans must enter into a social contract with an absolute sovereign. Hobbes believes that the sovereign must have absolute power over the lives of their people in order for their society to work. However, he also believes that humans must give up their natural rights and individualism in order gain the security that the absolute power of the sovereign offers. Hobbes’ liberalist ideals concerning absolute sovereignty is given to an assembly of people, the natural right of individuals, and tolerance of private religious diversity are the beginnings of the United States’ democratic government, however, Hobbes is
It is mainly the analysis of theory part. If our present democracy system follows the ideal democracy system how it will affect every sphere of our administrative system this part will analysis about that. High Morality: Democracy ensures the right of people. Democracy is by the people, of the people, for the people. It rejects a person or a group of person to rule over the others.