Whatever the sovereign command is law, and law prescribes to do certain things and not to do others. The demand of personal obedience in Austin 's theory means that the span of the life of the legal system determines the period of existence of the laws of the system and hence also of the legal system itself. Austin came out with the solution of "tacit" command for the problem of continuance of old laws. Law is command given by superior to
Due process is one of the basic legal concepts, which ensures a fair treatment and guarantees all the human and civil rights of a person. According to the Fifth and Fourteenth Amendments to the Constitution of the US, a government cannot neglect one’s rights and freedoms unless it is acting in accordance with the rule of law. Nonetheless, despite its virtuous purpose and moral basis, the concept of due process is considered to have a number of limitations and controversies, and Devika Hovell in the article “Due Process in the United Nations” attempts to analyze and estimate three major models of it. To begin with, the author admits that quite often the power of due process is abused in order to justify those crimes that should have been brought
The Due Process Clause is strongly connected with apprehension of fair procedures. Moreover, it follows the Magna Carta of Great Britain which resolutions were applied to ensure the noblemen that the king would make his decisions in accordance with procedures of law. Then the 17th century American colonies put an emphasis on preserving legal order. That being said, the government has always been under pressure to regard given law,
This distinction in the law is termed as functions. According to the amendment, the judge is designated to try the law whereas the jury can try according to facts. This distinguishing between the law and fact is important as it gives the legitimacy to the decree of juries. At the same time, the amendment prevents from violation of the justified legal anticipations of the
An advocate shall, at all times, comport himself in a manner befitting his status as an officer of the court, a privileged member of the community and a gentleman. 2. He should bear in mind that what may be lawful and moral for a person who is not a member of Bar, or for a member of the Bar in his non- professional capacity may still be improper for an Advocate. 3. Without prejudice to the generality of the foregoing obligation, an Advocate shall fearlessly uphold the interests of his client, and in his conduct conform to the rules hereinafter mentioned both in letter and in spirit.
INDEPENDENT OF JUDICIARY IN MALAYSIA Independence of the judiciary connoted independence from the political executive; it is based on the terms of traditional constitutional theory. Pressures from superiors within the judicial branch can threatened a judge’s freedom of action. However, the challenge to judicial independence from the religious establishment is not unknown. There is also the danger of pressure from private, political and commercial centers of power. Public confidence is vital in the impartiality, integrity and independence of the judiciary.
So the Thai police officer has to comply with the law-abiding strictly under the Due Process of Law Theory. The Due Process of Law Theory is the legal process, that the law pattern is important. This theory has a form of protection to secure the rights and liberties of the people, that are reflected in the United States Constitution and Bill of Rights. Sometimes referred to as “the rule of law” that is a fair justice process. This theory emphasizes the value of protecting the rights and liberties of the people.
Said quality is crucial to any doctrine of the rule of law since it is key to conducting a fair judicial procedure as well as well as to the functioning of the court within the constitution and to the fair and just application of the law. What does the rule of law mean to you? In my opinion, the rule of law is a doctrine embedded in some form of constitution (written or unwritten) whereby the law, its legal principles and sources is the highest form of authority to govern a nation, rather than the government with its own individual and potentially biased decisions. For the law and its constituents to function properly and democratically, they must abide by a series of principles which determines how it is to be made and construed. Firstly, they should be clear, precise, accessible, cohesive but also subject to statutory interpretation.