Rule Of Law Summary
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 the rule of law as:
A rule of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which
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predominance of legal spirit
(i) Supremacy of law:
Explaining the first principle, Dicey states that rule of law means absolute supremacy or predominance of regular law as opposed to arbitrary powers or wide discretionary power. It excludes the existence of arbitrariness, of prerogative or even wide discretionary authority on part of the Government. According to him English men were ruled by the law and by the law alone.
The rule of law banning of rule of judge, in matters pertaining to a person or a nation. it is so imperative that the reign of law should not be reduced to anarchy by willfully lawless minority. in the other words, according to this doctrine, no man can be arrested, punished or be lawfully made to suffer in body or goods except by due process of law and for breach of law established in the ordinary legal manner before the ordinary Courts of the land.
(ii) Equality before
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In many countries rights such as right to personal liberty, freedom from arrest, freedom to hold public meetings are guaranteed by a written constitution; in England, it is not so. Those rights are the result of judicial decisions in concrete cases which have actually arisen between the parties. The Constitution is not the source but the consequence of the rights of the individuals. Thus, dicey emphasized the role of the Courts of law as guarantors of liberty and suggested that the rights would be secured more adequately if they were enforceable in the Courts of law than by mere declaration of those rights in a document, as in the latter case, they can be ignored, curtailed or trampled
Glorious Revolution Dbq Analysis
672 Words | 3 PagesWith the changes seen in the economy, war & leaders, the Glorious Revolution of 1688 can be considered a part of the Enlightenment. Evidence shown through historical documents proves this stance. Although some historical events during the Glorious Revolution refute my stance, the Glorious Revolution was indeed a part of the Enlightenment because of the major shifts England had during and after this time period: Influencers, Religious tolerance and changes in governmental policies. Stated in the English Bill of Rights which were passed by Parliament and ratified by William III-King of England. “That the pretended power of suspending the laws or the execution of laws by royal authority without consent of Parliament is illegal”(Doc.3)
Explain Why The Uk Does Not Have A Codified Constitution
1840 Words | 8 PagesA constitution provides a framework of principles, according to which a society must function. By describing the functions of different departments of the government and limiting the extent to which elected officials can exercise their powers, a constitution is superior to all other laws and governing bodies. The absence of a written constitution in the United Kingdom (UK) has sparked ample debate in the last few years. “It is suggested that the lack of a critical moment at some point in history provided by military defeat, colonial independence or revolution, helps explain why the UK does not have a codified constitution” (Blick, 2011). With the changing dynamics of the country, such as the decision to leave the European Union (EU), scholars feel it is imperative, more than ever, that Britain codifies its constitution.
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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.
Locke Vs Tocqueville Analysis
1084 Words | 5 PagesIntroduction: While freedom as a concept feels fairly intuitive, nuances in interpretation can change the basis of an argument. John Locke’s Second Treatise of Government and Alexis de Tocqueville’s Democracy in America do not define liberty in precisely the same way, which in turn guides two different visions in how a government should function. When examining a core concept in an argument, it is important to inquire to whether its treatment is adequate. Is either definition of liberty sufficient, and does either author’s envisioned government adequately address liberty in that system? This paper will argue that Locke’s definition of liberty remains in the literal sphere while Tocqueville’s is more conceptual, but neither Locke’s nor Tocqueville’s
What Is Dp V Jones Case Brief
514 Words | 3 PagesThe judges decided that there is a right to reasonable activities on the highway , not just the right of passage. It was decided that reasonable activities included peaceful, non-obstructive assembly on the highway in certain cases, such as this one. The judges agreed that defining what consisted of a reasonable activity depended on the facts of each individual situation and in some cases a demonstration may be seen as trespassory if was not deemed to be reasonable. The judges also believed that the law could be extended , which would fit with the advancement of the country . Lord Hutton argued that common law recognises a right for members of the public to assemble together to express views and this is one of the fundamental rights of a democracy
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532 Words | 3 PagesBreck J. Campbell Minerich Pre-AP English 9 March 14th 2023 "The notions of right and wrong, justice and injustice, have no place. There is no law where there is no common power, and there is no injustice where there is no law." (Thomas-Hobbes/Leviathan). In modern-day society, people are often blind to justice and take the law as truth, not understanding that there is no such thing as truth regarding to justice, just conjecture But still Justice is a fundamental principle that forms the basis of a civilized society.
Examine The Situation Surrounding The Giving Of The Law
997 Words | 4 PagesEver since the fall of Adam and Eve in Eden, God in His great mercy and grace has been in the process of creating a redemptive path to restore creation, and more specifically, men and women to once again have a loving relationship with Him. The law as given in the Pentateuch and Old Testament, was provided as a means to obtain a loving relationship with His people. The law was given as a means to restore the purpose of His creation. This paper provides a short summary of the situation surrounding the giving of the law, it’s purpose of blessing to Israel and the world, and it’s significance in Israel’s relationship with God.
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1290 Words | 6 PagesThese reasons will prevent anarchy because one has a conscience to determine which laws to follow and which ones do not; therefore, one shows loyalty to the authority of law and also loyalty to one’s
Why We Should Write The British Constitution
1449 Words | 6 PagesHowever, two of the most important regulations of the Britain constitution are known because it is much based on Parliamentary Supremacy (means that Parliament can, if it chooses, legislate contrary to the fundamental principles of human rights) and the division of powers (meaning that Parliament, as opposed to a written constitution, it is the highest source of law in the United kingdom and that the executive, the legislature and the judiciary powers would be divided among themselves. Additionally, the possibly existence of only a few other countries in the world that does not have a written, along with new change of constitution such as the Human Rights Act of 1998 and the Constitutional Change Act of 2005 have rekindled the debate on whether or not the United Kingdom should write its constitution . This essay will start by introducing some of the proposal that have been shown and forwarded for a codified constitution. It will then argue that even though it is
Advantages Of A Codified Constitution
1046 Words | 5 PagesThe UK is currently one of the few democracies in the world with an uncodified constitution and there has been debate on whether it should become codified. This essay argues that although having a codified constitution increases clarity for the population and limits government power, it is too rigid and unnecessary, and also contradicts the fundamental principles and values of the current constitution. One of the most important reasons for the codification of the constitution is clarity for the citizens of the UK. It is argued that the current uncodified constitution is far too complex and therefore, the public have little insight and awareness of how the state is government and how it operates.
How Does The Law Use Violence To Maintain Order
310 Words | 2 PagesLaws are rules that everyone in a society must obey in order for their society to function successfully. The law exists to protect to project the general safety and to ensure that the rights of citizens are not abused, however law is a regulatory force is violent. In order for those rules to be obeyed the law must incorporate some form of punishment or violence for citizens who do not follow the law. In this essay I will use an example from the bible to argue that the law uses violence to maintain order and therefore there can be no law without violence.
Essay On Natural Law Theory
1096 Words | 5 PagesNatural law theory states that there are laws that are immanent in nature and the man made laws should correspond as closely as possible. Man can’t produce natural laws but he can find and discover through his reasoning. If a law is contrary to a natural law then it is not a law. Laws should be related to morality. It is a concept of a body of moral principal that is same for all the man
Advantages And Disadvantages Of A Humanistic Approach To The Study Of Law
1163 Words | 5 PagesAccording to the radical critique of law, how does law discriminate? Along with many other policies, the law also stresses on the discrimination which
Definition Of Law Essay
1612 Words | 7 PagesDEFINITION 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.
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.
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