Choosing opinion that describe law the best is a complex task, due to difference of opinion, knowledge and others. Based on Geoffrey Robertson law is a system of rules that are created and enforced through social or governmental institutions to regulate behavior. Law is a system that regulates and ensures that individuals or a society stick fast to the will of the state. State enforced laws can be made by a collective legislature or by a single legislator, by the executive through decrees and regulations, or established by judges through precedent. Private individuals can make legally binding contracts. The law shapes politics, economics, history and society in various ways and serves as a mediator of relations between people. HLA Hart who …show more content…
There are two types of rules which is primary rules and secondary rules. Primary rules basically are basic rules which society needs in order to survive. It can come in any forms or types of rules that prohibit the most socially destructive forms of behavior. As example, such as murder, theft, robbery and fraud. Furthermore, the secondary rules is, the rules needed by a society when it is more developed. There are three types of rules under secondary rules. Number one, rules of adjudication. This rule is about anything that involves procedure. Rules that involved in deciding dispute and defining procedure to be followed and decide what sanctions that can be applied when rules are broken. As example in a qualification of judges, procedure in hearing cases or on how sentences to be imposed. Number two is, rules of change. Rules of change concerning in making new rules or changing the old rules. We can see these rules in the process of making a new legislation, amending the present legislation. Number three is, rules of recognition. This rules describes on which rules the govern society actually have legal force. Rules which are made by the Parliament are laws such as having legal force as it is recognized as such under specific laws. Any other types such as custom or moral does not considered as rules. They may be custom or moral ethics for certain races such as Chinese custom or other but it may not be recognized to have a legal force, hence they are not laws. Hart stated that United Kingdom only has a single rule of recognition. This is because, whatever the queen enact in parliament becoming a
Legal system is a comprehensive term that is used to confirm the existence of the law; it also explains the law-making process and how this is enforced on everyone. The Australian legal system regulates all level of governments, organisations, and all people whether they are Australian born or have migrated here, and they must obey Australia’s regulations. The legal system here was developed from the United Kingdom’s legal system, as Australia was a colony of the British. At a glance, the British government granted restricted rights to their colonies, including Australia to set local government system. This was intended to developed laws in local area, also to deal with specific situation at that time. As a result, the legal system in each of the colonies started to develop separately. According to Carvan J (2010) the Australian law is adopted from several sources, including the rules of equity, parliamentary laws, delegated legislations, judge-made laws, and international laws. (Austrlian Legal System, 2007)
the laws it chooses, 2. the rule of law, which says that laws must be
One of the key components of the rule of law is that the law should apply to everyone equally and fairly, whether, monarch, government or citizen (Ellis 2013). As A V Dicey believed, no one should be above the law and everyone should be subject to the rule of law (Ellis 2013). Within the rule of law, there are five vital components to the operations. These include fairness, rationality, predictability, consistency and impartiality (Hinchy 2015). Fairness and rationality ensures the rule of law applies to everyone including citizens and the government. Predictability pertains that if a law is broken, the consequences will be known. Consistency, warrants consistency that the rule of law is being applied to everyone the same. Lastly, impartiality, which is an individual that decides on issues to do with the law (Hinchy 2015). The rule of law maintains consistency and equality within nations, yet there are countries where the rule of law is not common practice (Ellis 2013). Overall,
Laws are objects that dictate how people act every single day, but laws are not just made easily with a flick of a wand, there is a specific and tough process to go through if a bill wants to become a law, which
Statutory law – this body of law is crucial to the safety of the public. How our different bodies of government function and many of the laws within them are based on the above law. The outline used for today’s society and how justice is maintained comes from this law. (Demand Media, 2011) Mainly these laws are written and set by governing authorities in response to the needs of the public or civil order. (Statutory law - Definition, 2010)
Law is a system of rules that are implemented throughout social establishments to govern behavior. A principle for judging acts as reasonable or unreasonable and they may seem objective, universal, and knowable, which dispositions are guide. Our function is rational activity, and our rational nature gives us dispositions when we are naturally disposed to seek to know, understand, and be
How Constitutional Conventions Differ from Laws In the country we live in, Britain, there is no such thing as a written constitution. Relying on the basis of legal rules, our constitution is spread out in many written sources of constitutional law as the legislation (acts of parliament for example) and judicial precedents (decisions of the European Court of Justice in relation to Community law). However, there are also rules observed by the Sovereign, Prime Minister, other ministers, members of parliaments, judges and civil servants, which are not included in any judicial decisions or Acts, called constitutional conventions. It is difficult to define what are also named the rules of morality due to the different opinions given by distinct men in political life. Dicey delineate them as “understandings, habits or practices”[1] while G.
laws is to keep the bad things out from the old society out such as
Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the Rule of Law, and it can exercise power arbitrarily.
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of law.
The rule of law has two common basic concepts which are that everyone is both equal and subjective to the law. The Oxford Dictionary of Law defines the rule of law as the supremacy of law. Another definition of rule of law is given by Lisa Webley and Harriet Samuels which states that the rule of law is a theory or a doctrine that describes the extent to which
Substantive and Procedural Law – Substantive laws are the social rights and duties of people, and procedural law are guidelines through which government bodies or courts deal with breaches in substantive law. E.g. substantive law would state that hitting someone with a car and driving off is a crime, while procedural law would define how the courts could try and sentence in the case.
Both law and morality serve to regulate behaviour in society. Morality is defined as a set of key values, attitudes and beliefs giving a standard in which we ‘should’ behave. Law, however, is defined as regulating behaviour which is enforced among society for everyone to abide by. It is said that both, however, are normative which means they both indicate how we should behave and therefore can both be classed as a guideline in which society acts, meaning neither is more effective or important than the other. Law and morals have clear differences in how and why they are made. Law, for example, comes from Parliament and Judges and will be made in a formal, legal institution which result in formal consequences when broken. Whereas morals are formed under the influence of family, friends, media or religion and they become personal matters of individual consciences. They result in no formal consequence but may result in a social disapproval which is shown also to occur when breaking the law.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed or even transferred. The Constitution includes; Acts of Parliament, Judicial decisions and Conventions.There are three main principles around the Rule of Law being the separation of powers, the supremacy of Parliament and the Rule of Law. The