various concepts and ideas of the rule of law began to evolve. For ancient Greece, one of the great philosophers, Plato believed the idea of governing a nation should be ruled by the best man, but the idea itself came to fade away. During the 16th century, in Britain, Samuel Rutherford started an outstanding legal system, the rule of law, defined as the principle in which people (government or citizens) and institutions are accountable to follow and obey the law. It was further popularized by A.N
The rule of law is a concept mostly used by lawyers and politicians without giving definite meanings to the concept as it has many interpretations. It is viewed in many different ways. It has been seen as a key concept in legal and political philosophy. Also, the rule of law has a practical application in that it can offer guidance on the requirements that a good legal system must adhere to.The rule of law, in as much as it influences legislations by regulating the conduct of government officials
Introduction L on Fuller made an impressive observation in his response to HLA Hart’s Holmes Lecture . His observation was that “Throughout his discussion Professor Hart seems to assume the only difference between Nazi law and, say, English Law is that the Nazis used their laws to achieve ends that are odious to an Englishman.” Though Hart and Fuller completely agreed about the odiousness of the ends that the Nazis pursued and the disgusting means through which they pursued them: racial discrimination
1.2. IDEA OF RULE OF LAW The rule of law does not have a specific and exact definition, and its meaning can be different between nations, legal traditions and people from all kinds of lifestyles, such as; 1. Aristotle defined that “The rule of law is better than that of any individual." 2. Lord Chief Justice Coke said that “The King himself ought not to be subject to man, but subject to God and the law, because the law makes him King". 3. The Secretary-General of the United Nations prescribes
Research Question: Explain the importance of each constitutional principle to the british constitution and outline which principle is the most important Tutor: Sally Hawkes Student ID: 84623 FC011: The Individual, State and Society March 2018 Word Count: Pages: 13 Abstract Research question: Explain the importance of each constitutional principle to the british constitution and outline which principle is the most important Scope of research For my research
The rule of law is one of the basic principles of English constitution. It is used as rule according to law. It denotes the undisputed supremacy of law. To understand the concept of rule of law first we see what the law is. 1.1. What the law is? To answer this question we shall consider three particular approaches to law on account of the influence they have had and the insight which they give the nature of the law. Theories of Law: These are the theories of natural law, which defines law according
theory of law. There is no doubt that jurisprudence it is also known as legal theorists which obtains to understand deeper the nature of law, of legal reasoning, legal systems and of legal institutions. But who actually excessive judicial creativity and make law? On the one hand some positivists claim that it is Dworkin who encourages excessive judicial creativity and on the other hand Dworkin says that positivists encourage excessive judicial creativity by claiming that judges make law. In Hart’s
In his essay The Model of Rules I, Professor Ronald Dworkin argues against a certain theory of law he attributes to H.L.A Hart called “positivism.” While Dworkin argues against many tenets of the positivist theory, I will focus this essay on critical reasons against Dworkin’s argument against the legal positivist thesis that the law consist of nothing but rules. To do so, I will explain the necessary components of Hart’s theory of law required to understand Dworkin’s rebuttal. Then, I will reconstruct
is no precedent or the lawyer cannot cite any authority on the point of law. In this connection, Dworkin observed that there is a right answer to each case. Dworkin’s Right Thesis involves the general claim that within legal practice and a proper understanding of the nature of law, rights are more fundamental
‘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." [1] 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