INTRODUCTION: Rule of law in simplest terms means law rules, that is, law is supreme. The term ‘Rule of law’ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I’s reign is said to be the originator of this principle.
‘The Rule of Law’ came into popularity under the hands of A.V. Dicey in the 19th Century. Aristotle, another renowned philosopher once said more than two thousand years ago, "The rule of law is better than that of any individual."  The Rule of Law is ultimately, the foundation of democracy that every country should acquire for the better of their own legal systems, regardless of whether it is criminal law, civil law or public law. It is a major source of legitimation for governments in the modern world.
Austin’s particular theory of law is often called the “command theory of law” because the concept of command lies at its core: law is the command of the sovereign, backed by a threat of sanction in the event of non-compliance. He distinguished positive law from positive morality which is devoid any legal sanction. In his own words, “the existence of law is one thing, its merit and demerit is another...A law which actually exists, is a law, though we happen to dislike it or though it may vary from the text by which we regulate our approbation or disapprobation
The Judge states, “Moral law is an invention of mankind for the disenfranchisement of the powerful in favor of the weak. Historical law subverts it at every turn. A moral view can never be proven right or wrong by any ultimate test” (McCarthy 261). This quote is significant because it further indicates how the Judge is trying to make evident that moral law is weak. As well as possibly suggesting that something that is not valid should not dictate ones actions over the values of historical law.
By participating in the legal system, we may endeavour to formulate a link between our own unique beliefs and the world in which we live. Evidently, a just sense of legality is a potent prerequisite for change, enabling society to continue its quest for universal equality and justice. Aristotle once stated that "even when laws have been written down, they ought not to remain unaltered". Throughout my A level studies I have become increasingly attracted to the study of Law and wish to pursue a degree in this subject to reinforce and develop my knowledge and understanding of the legal system. Studying law has provided me with a solid grounding in the English Legal system.
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
To take one illustration, the Charter creating the United Nations Organisation, drawn up at San Francisco in 1945, is both explicitly and impliedly based on the true legality of international law. This is also clearly expressed in the terms of the International Court of Justice, annexed to the Charter, where the court’s function is stated as being ‘to decide in accordance with international law such disputes as are submitted to it.’ One of the latest such multipartite manifestations supportive of the legality of international law was the Helsinki Declaration, 1975, whereby over 30 European states, the Holy See, the United States and Canada subscribed to the following
King addresses the characteristics of unjust laws in 3 points. First point being that just laws are always harmonious with natural morale law. Second point being that a just law is one that uplifts human personality as opposed to degrading human personality. Lastly, a just law can only be created in the most democratic manner possible and if it is not, the minority automatically has the right to disobey the law because they had no say in the creation of the law. As for the first point, a natural morale law must be measured by our natural human sense.
This attempt was the earliest of Romans to create a Code of Law and is also the earliest (surviving) piece of literature coming from the Romans. That time Roman Empire was struggling for legal and social protection between the privileged, the rich and elite and plebeians. For this reason a commission was appointed to draft a code of law which would be binding on both parties and which the magistrates would have to enforce impartially. Twelve tables introduced the system of systematic and procedural study of law, dividing the
• What is the difference between Law and justice? According to the Introduction to Law, Study Guide- Law is a system of norms and rules; that is; as a group of norms and rules that all work together as a unit to regulate human behaviour within our society in a very specific way. The definition of justice according to www.yourdictionary.com is the use of power as appointed by law, honour or standards to support fair treatment and due reward. Justice can be seen as fairness in protection of rights and punishment of wrongs. While all legal systems aim to uphold this ideal through fit, fair and proper administration of the law of the land, it is possible to have unjust laws.