The Magna Carta, signed in 1215, mainly secured liberties for England’s elite classes, but it has helped the fundamental principles of common law in constitutions around the world. The Magna Carta's influence on the constitution allowed specific rights from it be included in the US Constitution's Bill of Rights. An example of this would be the similarities between the Magna Carta's thirty ninth clause and the Bill of Rights seventh and fifth amendment. “No free man shall be seized or imprisoned … except by the lawful judgement of his equals or by the law of the land” (Magna Carta, clause 39).This clause refers to the guarantee that courts will
With any agency or department under the criminal justice umbrella, it is vital that the vision and overall goals of their existence are to be responsible for supporting the will of the majority and protecting the privileges of all people. These principles are outlined in the Preamble of the U.S. Constitution which directs individuals who are associated with the criminal justice system shall “ensure justice” and advocate “domestic tranquility” (Cronkhite, 2013, p.297). Agency employees that work in the criminal justice system must follow concepts that exercise discretion, which are the decisions that can deny a citizen their life, liberty or property. These employees will enforce the law and preserve the constitutional rights of the public such
The concept of judicial independence a fundamental important in United Kingdom legal system. The concept is enshrined in Act of Settlement !701. Not only does the judicial independence form an element in the concept of the separation of power and rule of law, but also it ensure two other powers apart from Judiciary fully comply with the constitution and the law. To begin with, the concept also emphasizes the safeguards for judicial independence. It is crucial the judge is independent and impartial.
Cameron Stewart has divided his paper into five parts as follows: Part I- Basic Themes in Rule of Law Theory: Stewart has begun by defining the two essential features of Rule of Law: i) all people including government should be ruled by law and obey it; and ii) law should be able to guide all the people. Thus, there are three basic principles central to the Rule of Law, namely: Certainty of law, Generality of law and Equality of
Is a unjust law one that doesn’t bind lawmakers to obey ?. Is one justified when disobeying an unjust law ? . I believe that there is a difference between laws like MLK. However, the law is the law, and when disobeyed whether unjust or just, consequences will be determined “by the code of the law”.
The Constitution was made not only to clarify but also to improve and make the Articles of Confederation more effective. The Articles of Confederation were created to establish a system, so the states could operate if they ever needed to defend themselves from a foreign enemy, but it also gave states a lot of independence which resulted in both complications and solutions to previous problems. Both documents were created by the same group of people yet the two had very significant differences. Some of the differences had to do with how they codified the law. The Articles of Confederation had a unicameral legislature and The Constitution established a bicameral system.
The dualist point of view also emphasizes the phrase that the state is supreme in its definite territory and the people on its jurisdiction. All decisions must follow the municipal law or the constitution because it protect and preserve the national security and general welfare of the state. In my own understanding, the dualist point of view is giving respect to the concept of sovereignty and its practicality in the laws. But it doesn’t mean that municipal law
institutions constrains the rule of law, and raises questions on the propriety, legality, and status of the CCDI and its conduct (Lam 2015, 7). Political Accountability In terms of political accountability, the five countries present quite similar features. Political accountability follows government hierarchy and reflects the prevailing government structures. This illustrates clearly that ACAs are part of the government structure. Political accountability comprises a clear reporting hierarchy, which is one of the strategies ACAs need to combat venality in government (Heilbrunn 2004, 14).
Introduction The context of human rights has developed over the years that the government nowadays feels the need to secure the human rights protection. The securitization of human rights protection has to be the important part of the governmental policy in order to protect and also promote human rights in the country. Such a detail has to be put into the reinforcement of the human right protection so that the legal basis and importantly the laws that protect the human rights can ultimately reduce the number of human rights violation in the country. Besides the law reinforcement, the role of the government plays importantly in enforcing the human rights protection laws. While the role of the government plays in the human rights protection largely, the reasons behind the governmental policy regarding human rights protection should be understood.
The judiciary is the system of courts that interprets and applies the laws passed by the Congress to court cases. The judiciary also provides a resolution for disputes, and judges whether something is considered constitutional or unconstitutional. The task of ensuring equal justice is often entrusted to the