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
Locke states that there are three types of power (paternal, familial, and political) and expresses his fear of the types getting confused. Political, which is the right to make laws or protection and regulation of property, is the most important to Locke as it directly concerns the good of the public. In his process of defining political power, Locke refers to the state of nature (natural instincts of people) as a state of equality in which no person has more power than another. He notes, however, that there is a natural level of universal law that exists in this nature and that people do not have license to abuse others. Locke proposes that natural law only calls for the punishment to fit the crime.
Even though people are, according to Locke, naturally free and thus have no duty to obey others, the fact that people adhere to their government’s respective laws means that they have consented to those same laws of the sovereign that rules over them. Consenting to the government is not often expressed by citizens, either in verbal or written form. By joining a body politic under a legitimate government, one displays a moral duty to tacitly obey the laws of their government. A legitimate government can be defined as a body of power that respects the natural rights of men and adheres to the laws of nature, while simultaneously providing guidance for the people that it carries power over. In return, the body politic must observe the laws that the government sets, respecting their legitimacy.
Ever wondered how the court systems go about making their decisions and if they are just in doing so? There have been cases where the process of the law has been questioned. These cases can only be straightened out by the due process of law. The guarantee of due process, in the Fifth and Fourteenth Amendments, prevents the government from unfairly depriving individuals of their basic rights to life, liberty, and property. (Strasser)
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.
The Magna Carta was a legal document that gave people rights such as no cruel or unusual punishment and property rights. It was created to limit the power of the monarch and to make sure the power of the monarch was not abused. The Bill of Rights was greatly influenced by the Magna Carta because it consists of laws that are very similar to ones in the Magna Carta. For example, the laws for no excessive fines or punishments and the protection of property are extremely similar to laws in the Magna
INTRODUCTION The term ‘Natural Law Theories’ can be defined as the rules, concepts, and principles which are said to be originated from some supreme source other than any political or worldly authority. This theory is based on moral ideals which has universal applicability, and often used to bring certain changes in the society or to maintain stability. Natural Law is supreme and unalterable, it is not made by man; Natural Law is not a codified law and hence no penalty is been sanctioned for disobeying it; still it is considered as a higher form of law. Natural Law is also known as the Law of Reason, as being established on the ground of reasonability by which the world is governed, and also as being addressed to and perceived by the rational
One of the reasons being that, in many cases the command of the public force is entrusted with judges, and to enforce its decisions, the whole power of the state would be used. No one wants to come up against something so much more powerful than him or her. The article also assures us that in every system there is a rational explanation for the outcome. A cause and effect relation binds everything.
Throughout the history of mankind, society has defined itself by law and the order that law creates. “Laws are the binding rules of conduct or action which the vast majority of the society has to abide”. Justice on the other hand is rather an abstract concept. There is no right or wrong definition of justice, but is rather agreed upon the concept of being fair and equal. Many would assume that the sole purpose of law is to establish justice, which seems like a wonderful philosophical theory but is slightly difficult to follow.
I believe the important thing in parliament is to be subject to the Constitution and Rule of Law. This is to ensure that every one of Australia is treated the same way, equally and fairly. The Constitution provides the basic ruled of government and the Rule of Law ensures that everyone is subject to the law. I believe that the current system couldn’t be improved, this is due to that the current system is fair and deals with issues in parliament
(Yencken, D. 2008) Australia’s legal and political system meets these criteria. It is yet important to recognise that the rule of law significantly depends on legal precedent for its active upkeep. No government official may violate these limits. No ruler, minister, or political party can tell a judge how to decide a case.
Separation of Powers has proven to accentuate the Constitution’s intentions and maintain the rights of the people. Fabricated by Baron de Montesquieu, this structure is woven into the government to entail specific responsibilities upon each branch. This system thoroughly defines the boundaries for each unit of government to ensure tyranny remains dormant and that people are inevitably sovereign. Separation of Powers is incessantly purposeful in present day for a myriad amount of reasons. Overall, it supports people’s natural rights regarding the Constitution and terminates tyranny.
A freedom is the right to live your life without interruptions of the government unless actually committed or interfering with someone else’s rights. Legal guilt is mostly focused in the judicial system. It supports the rights guaranteed in sections of the Canadian Charter of Rights and Freedoms. The system’s main focus is ensuring that the accused is treated fairly by not infringing with their rights. Section one states that whoever the accused is being charged with has to be done with a reasonable limit.
He states that “for all being kings as much as he, every man his equal”—in other words, both the government and its subjects play a role to balance each other out. Furthermore, the people must follow the “universal law” set by the government, the “established, settled, known law, received and allowed by common consent to be the standard of right and wrong”. In return, the government will not take the “law of nature”, or their natural rights of, away from the people.
A nurse is someone who provides physical and emotional support for the patient, and they look at the patient as a whole and not because of their health condition whilst providing personal care and advice towards the patient and their care. The role of the nurse is to care for the patient and to look after the patient with care and compassion. The role of the nurse is to also make sure that the patient is safe from any type of harm and provide emotional support. All nurses must practice in confidence according to the code: standards of conduct, performance and ethics for nurses and midwives (NMC, 2008) and within other recognised ethical and legal code frameworks.