RULE OF LAW Meaning and Origin: The concept of Rule of Law is that the state is governed by the law, not by the king or the representatives of the people. In other words, rule of law means no one is above the law. The term “rule of law” is derived from the French phrase la principe de legalite (the principle of legality) which refers to a government based on principles of law and not of person. In this the concept of la principe de legalite was opposed to arbitrary powers. Firstly, Greeks located the concept of the rule of law.
INTRODUCTION The term ‘Natural Law Theories’ can be defined as the rules, concepts, and principles which are said to be originated from some supreme source other than any political or worldly authority. This theory is based on moral ideals which has universal applicability, and often used to bring certain changes in the society or to maintain stability. Natural Law is supreme and unalterable, it is not made by man; Natural Law is not a codified law and hence no penalty is been sanctioned for disobeying it; still it is considered as a higher form of law. Natural Law is also known as the Law of Reason, as being established on the ground of reasonability by which the world is governed, and also as being addressed to and perceived by the rational
[ Ibid. ] Natural law can exist without the governance of a superior being through the usage of positive law. Positive law is needed because of the insufficiency of the natural law to direct man in the practical affairs of his life. A state has the power to make laws then oblige the subjects in conscience to obey in order to provide the benefits of a well-ordered life. With or without a superior being, there will still be an authority that is capable of making laws to ensure the common good based on natural law along with positive
Moreover, he points out that there is a tendency of understanding this legalist paradigm in a state-centric practice, which works through a top-down influence (McEvoy 2007). Sovereign states are the main actors who have the legitimacy to implement the law with their institutions. Truly, often enough the absence of functioning of such institutions is a synonym for lawlessness, violence and anarchy in a Hobbesian manner (“homo homini lupus”). The observation of
Aquinas argued that ‘every human law has just so much of the nature of law, as it is derived from the law of nature,’ but adds, ‘if any point it deflects from the law of nature, it is no longer a law but a perversion of law’. To Aquinas, human reason is fallible and prone to mistakes; human law ‘cannot have that inerrancy that belongs to the demonstrated conclusions of the sciences’. [ See n.2.] He repudiates the thesis that a law is a law merely because it has been decreed by a sovereign. He suggested that a rule can only become ‘law’ only if it has has appropriate moral dimensions.
This approach has a tendency to be underpinned by progressives. While, Living Constitution is an idea which guarantees that the Constitution has an element importance and that contemporary society ought to be considered when translating key sacred expressions. As opposed to looking to heavenly the perspectives of the drafters of the record, it guarantees that they deliberately composed the Constitution in wide terms so it would stay adaptable. This approach has a tendency to be upheld by liberals.It is bizarre in that the British has an "unwritten"
International law has no central authority and operation as an anarchic highly decentralized legal order. Nevertheless, the absence of an authoritarian figure to enforce penalties does not mean that international law should not be considered “real” law. Law is still applied, but practiced and enforced in different ways. Overall, international law is considered “real” law because system of rules, established by binding agreements, that aim to regulate the actions of its members, but with different characteristics practiced in the domestic arena, where there is legislative, judiciary, executive, and police
Thus the law “you will not stand on the blood of your neighbor” is valid because it protects the natural right that an individual has to life. On the other hand Aquinas believes that the validity of a law is rooted in the divine principles that underlie the law. Natural law consist of an ethical aspect, which are the moral principles only known to God as well as a legal component which is the expression of these moral principles within the human legal system . According to Aristotle these moral principles, which exist on the eternal level of law, are the basis of the laws that are created on the human level. In the adoption case Justice Dornor asked whether a person enjoys the fruit of a forbidden act in order to illustrate the moral principles underlying our laws .
Indeed in Plato’s ideal republic the state’ laws are replaced by the “philosopher king’s” law. These philosopher kings were to be trained and would do so through rationally perceived dictates of ultimate virtue. They would cease to be encumbered by the various legal forms but instead become characterised by wisdom and be accepted through its very excellence. The closest Plato nears to the concept of natural law theory is in the Republic whereby he analogises health, as the natural order of the body, and justice as the natural order of things within the state, and in his discussion of the formal idea of justice as “just by nature” and finally in Laws, in which the Athenian Stranger, discussing how one would establish a state in which laws have a greater power than the rulers, proposes to speak about divine law which would supply the need for a governing higher
It places the greatest importance not on state actors, but on the institutions and norms that exist in the international system (Karns, p. 59). Unlike Realism, Social Constructivism suggests that interests and identities of states can in fact change and are not assumed to be fixed. For example, the institution of state sovereignty is important, but the idea of what sovereignty is has changed as the social beliefs, cultural, and norms of states change (Karns, p. 59). According to this theory, the greatest means to affect these kinds of socially constructed changes is through multilateralism. Also in contrast to Realism, Social Constructivism purposes that IGOs have actual power, and their power comes not from their need to enforce authority, but their ability to act impartially as vessels for cooperation, and as actors that can teach and create new norms (Karns, p.