Principles Of Rule Of Law

“Act in such a way that you treat humanity, whether in your own person or in the person of any other, never merely as a means to an end, but always at the same time as an end.” 3. “Therefore, every rational being must so act as if he were through his maxim always a legislating member in the universal kingdom of ends. ” I would like to concentrate on the first one, which is “Act only according to that maxim whereby you can at the same time will that it should become a universal law without contradiction.” To understand whether any act is moral we need to use the above formulation using guidelines.

Throughout Hillsboro, America, and the world, multitudes of different opinions exist, and they deserve to be protected. It all boils down to the importance of respecting and recognizing different viewpoints as they

Rather, the United States’ judicial system should remain impartial and consistent while interpreting the laws as they are written. Also, the Constitution is not an optional document to reference, rather, it is our nation’s original rule book by which the judicial system should base its decisions and interpretations on. As one of the most influential and transformative justices of his time, Justice Scalia’s vision for the Constitution included that of which it is to nail things down so they would last. Although our nation is constantly changing, the Constitution must remain the foundation of our existence as a sovereign nation, and the document itself must not be loosely interpreted and disregarded by flawed and power-hungry justices. To maintain the integrity of our judicial system and maintain a prosperous future for America, it is important we follow Justice Scalia’s vision and leave the Constitution as it was when it was first adopted, while also not repeatedly ignoring and broadly misinterpreting

(Hampshire, 2000, p.17, p.27). All humans are subject to the same moral restrictions and that only one conception of the good is finally acceptable. Fairness and justice in procedures are only virtues that can reasonably be considered as setting norms to be universally respected. Institutions are set for just procedures of conflict resolution and they are formed by recognized customs and habits which harden into specific rules of procedure within the various institutions. Fairness in advocacy is different from fairness in adjudication.

In Malaysia, the court at the top of the hierarchy is the Federal Court. This means that all the courts are bound by its decision. Next is the Court of Appeal, then the two High Courts, and then the subordinate courts. The courts may not decline to follow the higher court’s decision on grounds that it is wrong or rendered obsolete by changing conditions or even by per incuriam. A case where the vertical operation was applied is in Harris Solid State (M) Sdn Bhd & Ors v Bruno Gentil s/o Pereira [1996].

Kelsen defines law as a type of norm. Therefore, it is subject to a normative order, which makes the “the specific meaning of an act of will directed at a definite human behavior”. Afterwards, Kelsen prescribes two conditions, which if fulfilled by any legal norm, it “is” a proper positive norm. The first condition is that: this norm should be “posited” to be created by an act of a human being, subsequently, any norm created by a god, by nature or by a superhuman being is not “positive” law. The second condition is: the legal norm must be effective which means that people should obey the legal norm and if not obeyed at least applied to them.

Deontologism is an approach which seeks to create universal rules for the morality of human action; its ideas of common humanity and fundamental human rights were very influential in the banning of torture. This point of view lies on the belief that there are some inherent rights that every person is supposed to enjoy simply based on his existence. It is based on ethics and morality. The very crux of this perspective is that every human being has some rights, and these rights cannot be compromised with in any situation – not even when the person has committed the most heinous acts possible. These rights include the right to not be inflicted any harm or suffering, either physical or mental.

A specific example of a civil law is a law providing that all contracts for the sale of real property must be in writing. It deals with the duties between private parties; and any violation of it is a wrong between the parties, not a wrong against the whole community. Civil law deals with the resolution of disputes between individuals or organizations. These resolutions seek to provide a legal remedy to the wining litigant. Civil law is the legal system that used in most countries around the world in order to protect and promote peace and

As human beings, we are all born with an entitlement of freedom of speech or synonymously known as freedom of expression as it is a basic human right. It is stated in the Federal Constitution and it is important for us human beings to protect our rights to freedom of speech and expression as it is the backbone for a democratic society. Having the right to express oneself freely without any restrictions is an essential part of what it means to be a free human being. Article 10 in the Federal Constitution states that; (a) every citizen has the right to freedom of speech and expression; (b) all citizens have the right to assemble peaceably and without arms; (c) all citizens have the right to form associations.

Human Rights What are Human Rights? Human Rights are commonly understood as being those rights which are inherent to the human being. The concept of human rights acknowledges that every single human being is entitled to enjoy his or her human rights without distinction as to race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Human rights are legally guaranteed by human rights law, protecting individuals and groups against actions which interfere with fundamental freedom and human dignity. They are expressed in treaties, customary international law, bodies of principles and other sources of law.

Also no state can deny any person of their equal protection rights. The laws of a state must treat an individual in the same manner as others in similar conditions or circumstances. Due process deals with the fair use or enforcement of laws. The Due Process clause protects any person of their

In 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.

There were two prominent ideas from the Sandel text that applied to the ethical issue I chose to examine. John Stuart Mill had two theories about Utilitarianism and the valuing of life in regards to harm and autonomy. Secondly, was Kant’s determination of the moral valuing of life. Mill, a Utilitarian, discussed the notion of justice and that all people are cognoscente beings and, as such, are entitled to self-defense. Mill’s assertions are important because he determines that everyone has a right to act of their own volition, provided that they do not harm others.

The values that are the most important to individualism are rule of law, and self interest. Though I am still growing in my values and beliefs as a male citizen in Canada I believe that rule of law is the most important to individualism because everyone is equal in the eyes of the law. Way back a long time ago people were ranked based on who their parents were. A good example of that would be the feudal system or the term we would call feudalism. The feudal system is a ranking system that has the King/Queen on the top and the peasants at the bottom.