The standards and implementation of human rights is based on the principle of universality, indivisibility, inherence and inalienability. Universality of human rights implies that they must be endowed to all individuals without exception. This assertion works under the assumption that all people are entitled to the human rights by the virtue of being humans. On the other hand, indivisibility means that human rights are interdependent in the sense that guaranteeing political and civil rights requires the government to ensure that economic, cultural and social rights are not violated. Being inherent implies that human rights are permanent and essential to human beings.
The equality principle, is fundamental and logically prior to the difference principle. The equal liberty principle defines justice as encompassing all the things we have taken for granted in a democratic society. The difference principle is different in the sense that it insists that whereas the distribution of income and wealth “need not be equal, it must be to everyone’s advantage and at the same
He believes that all people in a society are free, equal, and have a drive for cooperation with each other. Once the grounding principles are put into place, then the Original Position acts as a filtering device for Rawls’s principles. The Original Position takes under it “the veil of ignorance,” which helps to block a person’s past and biases, allowing them to choose the best principles for all. From the “veil of ignorance” gets the principles equal basic rights for all, equality of opportunity, and the difference principle. The first principle “requires equality in basic rights and duties, while the second holds that social and economic inequalities...are just only if they result with compensating benefits...particularly for the least well off” (Rawls, TJ p.13).
Thus, from the article one of the constitution states, “All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood” (Universal Declaration of Human Rights). To explain, the article one is saying everyone is born with equality within the rights, much similar to what was stated in the Magna Carta. In brief, having these rights be establish as to what happened with the Magna Carta, created the equality among the citizens and the government. Hence, how the Magna Carta greatly influenced the rights of citizens to have equality within the government helped established a justice
This is an extract from Jean Jacques Roussea social contract theory in which he tries to explain or to give theory to answer the question of the hour that was how to make a good society he gives the theory of social contract in which he coins the term general will and say that if general will act as the sovereign power it will make a good society as the society will take general decisions and where all the individuals give away his right and freedom to everyone but all individual or associations of general will will enjoy their individual rights and duties at the same time. I know it is strange but I have an example to prove it, say we all have equal number of apples and we cut them equally to distribute to rest of the class and everyone does
Due process is one of the basic legal concepts, which ensures a fair treatment and guarantees all the human and civil rights of a person. According to the Fifth and Fourteenth Amendments to the Constitution of the US, a government cannot neglect one’s rights and freedoms unless it is acting in accordance with the rule of law. Nonetheless, despite its virtuous purpose and moral basis, the concept of due process is considered to have a number of limitations and controversies, and Devika Hovell in the article “Due Process in the United Nations” attempts to analyze and estimate three major models of it. To begin with, the author admits that quite often the power of due process is abused in order to justify those crimes that should have been brought
John Rawls’ theory of ‘Justice as Fairness’ is a theory that conceives of a society in which all citizens cooperate with one another, live freely and have access to the same basic rights. Rawls’s aim is to illustrate how this ideal can be achieved through the use of a social contract – this approach attempts to reach a consensus about the principles of justice amongst all members of a society (Weinar, 2012:1). Rawls thus seeks a conception of Justice to which all citizens can agree freely and on equal terms. Within free societies, individuals live by various different views and values, for example religious views, conceptions of what is wrong and what is right. These views can generally not be reconciled – however, Rawls argues that human beings
Said quality is crucial to any doctrine of the rule of law since it is key to conducting a fair judicial procedure as well as well as to the functioning of the court within the constitution and to the fair and just application of the law. What does the rule of law mean to you? In my opinion, the rule of law is a doctrine embedded in some form of constitution (written or unwritten) whereby the law, its legal principles and sources is the highest form of authority to govern a nation, rather than the government with its own individual and potentially biased decisions. For the law and its constituents to function properly and democratically, they must abide by a series of principles which determines how it is to be made and construed. Firstly, they should be clear, precise, accessible, cohesive but also subject to statutory interpretation.