One of the basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive. Dicey developed this theory of Coke in his classic work. The Law and Constitution published in the year 1885.
Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community.
Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness or prerogative, or even wide discretionary authority on the part of the government.
DICEY’S RULE OF LAW
According to Dicey, the rule of law is one of the fundamental principles of the English system. In the aforesaid book, he attributed the following three meanings of the said doctrine:- 1. Supremacy of law 2. Equality before law 3. Judge-made Constitution
(i) Supremacy of law:
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It excludes the existence of arbitrariness, or prerogative or even wide discretionary on the part of the government. According to him the law and law alone ruled the Englishmen. A man may be punished for a breach of law, but can be punished for noting else. In his words: Wherever there is discretion, there is room for arbitrariness and that in a republic no less than under a monarchy discretionary authority on the part of the government must mean insecurity for legal freedom on the part of its
He believed that the “constitution should be used to help the people in every power for its own betterment” (Page
The 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.
The Rule of Law is the idea that in a Democracy no-one is above the law. In Document #3: “The Fundamental Orders of Connecticut”, the Rule of Law is applied to the fact that “It is ordered that no person be chosen governor more than one time in two years.” If one governor was chosen more than one time in two years it would go against the Rule of Law and it wouldn’t be fair to the citizens. One Undemocratic feature of colonial America is Individual or
This means that they can’t really be bribed. Document B talks about this when it says, “The judiciary, on contrary, has no influence over either the sword or the purse; no direction either of the strength or of the wealth of the society;” This is saying that the Judicial Branch has no control over the money or power of the government. For this reason there is really no way for the Judicial Branch to be bribed. This makes their decisions based actually on what they think and not what other people want them to think.
However, when it is practiced, it is unfair and not applicable to the situation anymore. King spent his life “expressing the very highest respect for the law.” Therefore, he had faith in the government and was hoping it could be just one
“There comes a time when one must take a position that is neither safe, nor politic, nor popular, but he must take it because conscience tells him it is right. ”(Martin Luther King, Jr.) Most people were racist but now since the civil rights have been established most have stopped being racist and moved on. Three supreme court case decisions influenced the civil rights movements by letting more and more poeple know what the Supreme Court was doing to African Americans,and of the unfair him crow laws:(Dred Scott v. Sanford,Plessy v. Ferguson,Brown v. Board of Education). Dred Scott v. Sanford Is a case that most people felt that Dred Scott had an unfair charge against him.
The conflict between authority and disobedience has stayed relevant since Adam and Eve chose to disobey in the Garden of Eden. Since this moment, every civilization has dealt with this relationship. Egyptians faced the exodus of their Israelite slaves from their land, Romans fought with the slave Spartacus who raised an army to fight against the Roman empire, and in the eighteenth century, the French government had the challenge of its civilians revolting against their authority. The balance between authority and disobedience represents a pendulum relationship. When a pendulum swings to one side, it eventually swings to the opposite side with an equal amount of force; thus, the more authority executes its rights on a civilian, the more the
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.
This excerpt is giving a sturdy explanation on the topic of tyranny,and how it gave us a clarification on how tyranny is being stopped by overpowering the king. Critics also argued that the king or queen could create laws that applied to only some people and not others, and that unelected officials could make decisions that negatively affected citizens. The people were exhausted and started to realize that they wanted to overthrow the king themselves. Critics of the monarch read and discussed what tyranny meant in order to argue for their notion of the rule of law.
In hard cases, judges are not legislating, as Hart’s positivists assert, they are inducing based on principle. Judges have a duty not only to apply the rules, but also to make sure that the legal system is consistent with the principles of the society. When judges are said to legislate, they are not making the rules but discovering them. [20] According to Dworkin understanding the role of the courts is to defend the rights of citizens from the likelihood of unfair rules or other circumstances in which the written laws do not satisfactorily defend their natural rights.
To say that if you are following an unjust law makes you unjust, it is based by your opinion. People have different meanings of what is just or unjust, thus we cannot determine whether a law is just or
Human is born with the natural ability of reasoning whether or not it is a gracious gift from God as claimed. According to natural law, human is capable of deciding whether an action is morally right or wrong. We do not create what is evil and good, rather, we discover what is right or wrong. Besides, humans are morally obliged to use their reasoning capability to discern what the laws are and subsequently acting in conformity with them. Therefore, there is no reason why divine law must be superior than man-made law when human is just as effective and arguably, even more effective.
DEFINITION OF LAW: Law is outlined as the principles and regulations set by the governing authority, and have binding legal forces. It must be endorsed and obeyed by the citizens, subject to penalties or legal consequences. It depicts the will of the supreme power of the state. The basic purpose of law is to regulate the society, to safeguard and shield the rights of people and to resolve conflicts. It acts as barrier is preventing people from behaving in a negative manner that affects the rights and quality of life other people, hence violation of law implies the punishment of lawbreakers Dysfunction of Law: Dysfunction of law means failed to abide by the law.
What I will explain to you in this article will, how we are connected with the law and I hope, make you see sense in the importance of our laws in the society we live in. To be against the importance of laws in our society would show one to be ignorant and naïve. I encounter the law on a daily basis when I am driving. I have to follow the speed limit of each road, I have to signal before changing lanes, my vehicle must be in good condition in order to safely drive and I must obey all road signs as they are set in place to ensure the safety of everybody.