The rule of law is a concept mostly used by lawyers and politicians without giving definite meanings to the concept as it has many interpretations. It is viewed in many different ways. It has been seen as a key concept in legal and political philosophy. Also, the rule of law has a practical application in that it can offer guidance on the requirements that a good legal system must adhere to.The rule of law, in as much as it influences legislations by regulating the conduct of government officials and those in authority, there is no judicial legislation contrary to the rule of law. This in essence means that the rule of law is meant to keep individuals ‘in check’ under the law to guide against abuse of power. This essay would be discussing the …show more content…
It was discussed by Plato, in the Ancient Greeks in the fourth century BC, who sought to determine the most effective way to govern a state so as to promote a model society. The rule of law was introduced to England in the Magna Carta, which enshrined the principle that the rulers were subject to the law and legal restraint. There are two main school of thoughts on the rule of law; the formal and substantive school. The formal school deals with the way in which the law is enacted, its stability, clarity and non-arbitrary application to all people while the substantive school looks at the content of the law, including the extent to which the law furthers conceptions of morality and/or human rights and the extent to which the rule of law applies in a state. It has widespread support from western liberal democracies; it has been described as the preeminent legit imitating political ideal in the world …show more content…
The rule of law in its debatable state forms an essential part of the United Kingdom’s Constitution. It serves as a restraining force to the government by checking and controlling their powers thereby giving every individual equal chances before the law. This concept looks only to the law and nothing but the law. The principle of rule of law believes the government and private individuals can only act in accordance with the ordinary law of the land. Under this principle, no single individual is above the law and every individual, regardless of their status, is equal before the law. And so, any breach of law or misuse of power shall be dealt with according to the law provided and no individual shall be punished other than what the law says. The principle of the rule of law basically was meant to bring peace and stability by acting as a legal guide to individuals in a state. This in turn allows individuals to live however they want knowing that every misuse of power would be dealt with
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.
Another important aspect that was established by the new “law of the land” included an executive and judicial branch, and it gives each branch the power to check the other. This concept of checks and balances ensured that one branch would not assume more power than the others. This was an effort to combat the possibility of tyranny, still a sore subject at this point in
As the rule of law, it focuses on the equal treatment and absence
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
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.
Rule of law is essentially the shared values of a people. Rule of law also means that no matter who you are Prime Minister, richest man/woman on the planet, or the most famous person alive the law is no different and that is where the whole concept of justice is blind comes
He explained more in his book Spirit of Laws, “To prevent this abuse, it is necessary, from the very nature of things, that power should be a check to power….” (Document D). Charles Montesquieu’s ideas during the Enlightenment show that separation of powers and checks and balances are essential for a government to prevent an abuse of power. These principles are a central part of
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.
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
[5] Common law works in a different way, the judges rather than the Parliament make common law or ‘judge-made law’. Considering criminal and civil cases, the judges take decisions based on the stare decisis principle (Latin “to stand by things decided”, the legal principle of determining points in litigation according to precedent [4]), deliver rulings and create precedents, thus applying the law to real life situations. Therefore, the value of the precedent is very high in the English Common Law system. The strengths of common law
In some case there are some facts which work against law. So does it imply that law is wrong? There are some arguments related to this theory: The Gratitude Argument: We have to obey the law because we are obligated to be grateful to the government because of the good things it does for us, and obeying the law is the best way of showing our gratitude.
1. Explain why it might be difficult to effectively study law following the positive transition. What are the advantages and disadvantages of a humanistic approach to the study of law? Studying law is relatively difficult as the degree holds much of the responsibilities to sort out the issue concerned with the society (ANU, 2014).
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.