Principles Of Rule Of Law
First and foremost, rule of law is one of the branch of Constitutionalism. Rule of law encompasses the basic principles of equal treatment of all people before the law which guarantees basic human rights. ("The rule of law explained", 2018) The rule of law implies that the supremacy of law which includes all the laws must conform with a certain minimum of standards for an instance, protection of civil liberties. Professor A.V Dicey developed concept of rule of law that comprises three concepts of principles. Firstly, no one should be punished except for a conduct which represents a clear breach of law. Secondly, irrespective of ranks and status all are equal before the law. Thirdly, rights and freedoms are best protected under Common Law rather than Bills of Rights. As a whole, rule of law is the principle that assures no one is above the law and everyone shall be treated equally among citizens and laws are made to maintain the public order in our society and to provide a harmony society for people. ("The rule of law explained", 2018)
In Malaysia, the Federal Constitution embodies the application of rule of law and the principles of rule of law by A.V Dicey. Art 4 of the FC is the basis of Malaysian rule of law where the purpose of the constitution is to establish rule of law. The second principle laid down by A.V Dicey which was equality before the law despite of ranks and status . This principle states that all the people irrespective of their ranks and status in the
Ethos In The Lyceum Address Summary
439 Words | 2 PagesThe rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
Letter From Birmingham Jail
1454 Words | 6 PagesIs it better to follow laws that are unjust but right, or do the thing that is fair but are against the law? Socrates in Plato’s “The Crito” and Martin Luther King, Jr. in his “Letter from Birmingham Jail” answer this question from conflicting perspectives. According to Plato (427-423 BCE), Socrates believed that it is his duty to obey the law of his city, Athens, on all occasions, whereas King (1963) made the argument first put forth by St. Thomas Aquinas that “an unjust law is no law at all” (p. 69). One of these reasons for the differing opinions on this subject is due to the times and places in which these two men existed and came to their views on Civil disobedience.
Why Is Martin Luther King Unjust
749 Words | 3 PagesHowever, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”. However, human rights must be acknowledged when superiors make laws, and if they are not these laws must be revised, removed and/or
John Locke's Concept Of Justice
1751 Words | 8 PagesJustice is one of the most important moral and political concepts. The word comes from the Latin word jus, meaning right or law. According to Kelsen (2000), Justice is primarily a possible, but not a necessary, quality of a social order regulating the mutual relations of men As a result of its importance, prominent and knowledgeable people have shared their views on justice and what it means and how the state is involved in its administration. The likes of Plato, Aristotle, Socrates, Thomas Hobbes and John Locke among others have written extensively on the concept of justice.
Essay On Australian Democracy
1267 Words | 6 PagesIn a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
We The People Chapter 4 Summary
501 Words | 3 PagesWhile there are many more concepts of law that the book mentions I feel that these are the most important concepts of law that somehow are the foundations of the legal system in the United
Values Of Individualism In Canada
604 Words | 3 PagesRule of law is essentially the shared values of a people. Rule of law also means that no matter who you are Prime Minister, richest man/woman on the planet, or the most famous person alive the law is no different and that is where the whole concept of justice is blind comes
Comparing The Crito And Letters From A Birmingham Jail
1957 Words | 8 PagesOne has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws” (MLK). An example would be gay rights laws. For much of time it has been illegal for people of the same sex to marry one another. Although this is a law, many people and even the United States Constitutional courts ruled that two people of the same sex should share the same right as anyone else to be able to share a love together and establish a bond such as marriage.
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505 Words | 3 PagesThe laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
The Definition Of Law: Finder Keepers And Losers Weepers
822 Words | 4 PagesIntroduction Finders keepers, losers weepers is a childhood adage that means whatever is found on the school playground can be kept but there is no principle of law that supports an individual is entitled to keep something he finds, while the original owner bears the loss. The premise when something is lost by one individual and found by another has been expressed in various ways over the centuries.
Essay On Unjust Law
1666 Words | 7 PagesKing 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.
Personal Reflection On Law: A Personal Study Of Law
975 Words | 4 PagesThe law is an intriguing concept, evolving from society’s originalities and moral perspectives. 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".
Importance Of Law In Our Daily Life
709 Words | 3 PagesLaw is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.
Metaphysics In Law
1150 Words | 5 Pagesmeron Billson LJU4801 51605015 The idea of metaphysical beliefs stretches far back to the beginning of Greek philosophy and has grown and evolved over thousands of years. Many philosophers from the pre modern philosopher’s all the way through to the current day have expressed their personal ideas and rationalities towards trying to understand the unseen world that many believe exist around us. In this essay the understanding of what metaphysics is and the different views on it and its application to the law over the years will be looked at. Many philosophers who have been influential to the development of metaphysics will be looked at below and how their theories have been applied to the law through the ages.
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