The Magna Carta, signed in 1215, mainly secured liberties for England’s elite classes, but it has helped the fundamental principles of common law in constitutions around the world. The Magna Carta's influence on the constitution allowed specific rights from it be included in the US Constitution's Bill of Rights. An example of this would be the similarities between the Magna Carta's thirty ninth clause and the Bill of Rights seventh and fifth amendment. “No free man shall be seized or imprisoned … except by the lawful judgement of his equals or by the law of the land” (Magna Carta, clause 39).This clause refers to the guarantee that courts will
‘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.
According to him, the state is based on the authoritarian sovereignty - as it is in the classical defense of divine favor - monarchical sovereignty - and in the authoritarian sovereignty - which Hobbes is in Leviafhan - which is a lot of free from hegemony, on the contrary to the free union of the citizens. According to Rousseau, only such domination is prevalent . Contractual thought and the doctrine of sovereignty were developed during the period of religious wars and civil wars in Europe. They are the answer to the weaknesses of the social and political institutions that characterize this age, to unbridled authority, to wars and social miseries. According to him, sovereignty is indivisible and
This punishment is decided by the sovereign in all cases. The key difference in the nature of this violence is however different. Machiavelli believes the sovereign should adapt violence to keep his position and maintain a stable relation with his subjects. Hobbes’ approach differs from this because violence used by the sovereign in his opinion benefits his people the most. This is because the sovereign has no problem keeping his position, the usage of violence will only be adopted to maintain the peace and security of the people under the contract.
In the earliest Western legal systems, the existence of human rights is derived from secular logic, rationality and humanitarianism. It is found in the seventeenth century book of Hugo Grotius - Der Jure Belli ac Pacis . The book became famous for codifying mortality without any need of laws and divinity but based on reason and humanitarianism. Since then, human rights have become an increasingly powerful tool used in the fight against arbitrary oppression, intolerance and unjust mob rule. We can also refer to Jack Donnelly, a political theorist who specializes in human rights and is the author of “Universal Human Rights in Theory and Practice”.
While the reactions of hostility and awe demonstrate that Christianity is God’s chosen religion, and that Islamic people are the enemy, their criticisms of Christians’ sins are correct. Christendom’s punishment for this is the loss of the Holy Land, but these mistakes are reversible and destined to occur. The ultimate insight from Mandeville’s description of the Islamic kingsdoms is that Europeans believed their continent to be a shining light of good surrounded by darkness and violence. However, rather than retreat from the outside, Europeans praised the courageous explorers who ventured out of the safety of Christendom to grow the kingdom of Christ. Mandeville’s message of Islam’s flaws and criticisms are, like most medieval literature, ultimately optimistic.
States have acknowledged the need and significance of Human Rights from the past examples of World wars when Human were tortured, humiliated, and brutally treated. Primary source of International Human Rights Law is Treaties and agreement which are binding to the parties which are signatory to the treaty or agreement. Customary International Law also binds the states in good faith, thus treaties and customary law is backbone of human rights law. Other instruments of International Human Rights law are not binding upon anyone legally but they have their input in practical implementation, understanding and progress in the field of human rights law. Most dominating features of Human rights are: (1)Human Rights are based on respect (2) Human rights are unchallengeable unless there are certain situations, if a person is guilty of a
Constitution?” and try to answer it. Montesquieu was not directly engaged in the creation of the United State constitution but his view of government had an enormous impact on the writing of the constitution of the United States of America. His masterpiece, “The Spirit of the Laws” influenced the American Founding Fathers such as John Adams, Jefferson, and Madison. It is easy to observe the result of Montesquieu’s theory on the U.S. Constitution just by reading it. The separation of powers is a major point in this constitution.
It was discussed by Plato, in the Ancient Greeks in the fourth century BC, who sought to determine the most effective way to govern a state so as to promote a model society. The rule of law was introduced to England in the Magna Carta, which enshrined the principle that the rulers were subject to the law and legal restraint. There are two main school of thoughts on the rule of law; the formal and substantive school.
Dicey pioneered concept of rule of law in his work Introduction to the Study of the Law of Constitution which was initially published in 1888. Hence, Dicey’s great work was written in the 1880’s at such time when the Lassiez faire Victorian era policy was making way for the beginning of era of Welfare State. Dicey was influenced by the laissez faire policy and the increased powers of administration and the consequent exercise of wide administrative discretion in the welfare state worried him. Apart from this, Dicey also compared the English system with the French Droit Administratiff (separate courts for adjudicating disputes between State officials and the person(s) affected by the State action). He was against the establishment of special administrative courts in addition to the ordinary law courts for determining the rights of individuals as against the