EXECUTIVE SUMMARY
The Rule of Law represents a process that governments must undertake to ensure democracy, the preservation of human rights, and economic freedom. This process-oriented approach to the Rule of Law requires that governments promote fair access, fair courts, fair laws, fair administration, and equal treatment under the law. These underlying principles should be espoused in all legislation, policies, and organizational frameworks. When these principles are not diligently implemented, political destabilization transpires.
While most countries in Europe have embraced this approach, Ukraine has struggled with steady implementation of the Rule of Law. The former Ukrainian government’s lackluster application of the Rule of Law directly incited the 2013-2014 EuroMaidan protests, which culminated in the deaths of over 100 Ukrainian activists. Specifically, now-ousted Ukrainian president Viktor Yanukovych and the Ukrainian Parliament did not implement the Rule of Law, but instead denied the public fair access to the justice system; infringed upon the integrity of the j...
For our government to function it must be able to resolve the conflicts that arise as a result of this ‘struggle’. The rule of law is the principle that enables reconciliation and its primacy to the successful implementation of our government cannot be understated. Simply stated t...
"7: Rule of Law." United States Institute of Peace. N.p., n.d. Web. 28 Mar. 2014. .
Laws are structured and implemented to benefit the masses. Unfortunately this objective is not always achieved. The constitution of the states is considered the best work of law yet it is unable to save the life of a child. Clearly the problem of violence is turning more into a socio-cultural and psychological problem than a legal one. However laws still need to be implemented justly in order to preserve the freedom and rights of me...
If the citizens in a society do not obey the law, anarchy will ensue. Anarchy is a lack of government, a state of total political disorder and lawlessness due to the absence or incapability of a supreme power. Military rule in Indonesia and authoritarian rule in Singapore and Malaysia have led to a persuaded efficiency that was later torn apart by stress. The system broke down in social chaos, riots, and civil disorder that did not lead to fairnesss or justice. The same fate is probable for the United States, if every individual tossed aside the importance of the law. A law is an important system of rules established to maintain order and function of the state. Without the effectiveness of laws, society as we know it would crumble.
One type of analytical perspective is the conflict perspective which is the belief that conflict is fundamental and social life and cannot ever be resolved completely. Where laws are tools used by the powerful to keep others and check and keep themselves in power. Law enforcements of social control simply keep those who are not powerful in check with the laws established by those in power. The pluralist perspective believes that within a complex society every different social group will have their own set beliefs, values, and interests. Despite these differences most groups will agree that laws are beneficial. For this perspective laws are a peacekeeping tool for officials to settle disputes amongst society. It is assumed that all parties will agree with the settlement as it agrees with society’s views that law is a fundamental part of settling disputes. Another perspective is the consensus perspective, in which most of society agrees on what is wrong and right and various elements of society work...
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.
...people know with surety that they are going to be protected from evil and the wrongdoers so the government should be obliged to create a Justice system which ensures fairness and equality. Moreover it should also be able to judge without bias and partiality for the betterment of its state.
Interfax, Ukraine. "Radio Liberty: Amnesty International Notes Worsening of Human Rights Situation in Ukraine." KyivPost. KyivPost, 13 May 2011. Web. 11 Feb. 2014.
It is definitely arguable that in order to promote democracy in it's current format there must be rule of law. The law making process has fundamentally seperate divisions, with Parliament fulfilling the function of legislature, national government fulfilling the executive and the courts representing the judicracy. By dividing the law-making process this prevents one group or person from collecting too much power which in turn helps prevents misuse.
According to Aristotle, "The rule of law is better than that of any individual”, suggesting every member of society, even a ruler, must abide by and follow the law. The rule of law is linked to the principle of justice, meaning that everyone within a society (including both private citizens and government officials) are subject to the law, and that those laws are administered fairly and justly. The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning of a free society.
The Ukrainian crisis was a result of social upheaval against the former president, Mr. Yanukovich, who decided to pull out of the association with the European Union (BBC News, 2014). The upheaval that lasted for about two months resulted in more than 100 people killed (NY Times, 2014). In February 22 Mr. Yanukovich disappears and the opposition takes control over the government in Ukraine (BBC News, 2014). Upon learning that Mr. Yanukovich is currently residing in Kazakhstan, the new government of Ukraine requests from Kazakhstan the extradition of the overthrown president, who is accused of crime against the Ukrainian citizenry.
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the United Kingdom. The distinctive UK‘s constitution has influences previously on the judicial system too. Government and the legal systems in history have both been involved in rules and discretion and most of all the elimination of all discretionary power in which both of these are impossible and unwanted. The rule of law means in one sense, government by the law but obviously government is by the people as well as by the law. As soon as the governing people are added in, the government can’t then be by law on there own. Although the situation is not undoubtedly as the making of particular laws can be guided by open and relatively stable general laws that have been made. For the Rule of Law to have meaning in a democratic society, it has to mean that those who run it have comply with it for it to work; there must be no room for an “ends justifies the means”
There simply is no alternate system of laws that can maintain the calm and peaceful environment for people of the world besides “law”. One can easily see the need for each and every nation to enforce its own set of rules. While all of the countries of the world have their own individuality – they all have one considerable feature which is a system of law. It has no significance what type of government is the command, the rules are all appropriate to the people in their community.
Law is one of the most important elements that transform humans from mere beasts into intelligent and special beings. Law tells us what is right and wrong and how we, humans, should act to achieve a peaceful society while enjoying individual freedoms. The key to a successful nation is a firm, strong, and fair code of high laws that provides equal and just freedom to all citizens of the country. A strong government is as important as a firm code of law as a government is a backbone of a country and of the laws. A government is a system that executes and determines its laws. As much as fair laws are important, a capable government that will not go corrupt and provide fair services holds a vital role in building and maintaining a strong country.
Implied in the common understanding of democracy is the idea that democratic regimes respect the individual rights of their citizens. According to Cingranelli and Richards (1999:513), “most findings in previous empirical human rights research indicate that the governments of democratic countries tend to have more respect for physical integrity rights than the governments of authoritarian countries”. Proponents of this argument contend that democracy reduces government oppression, because democracy empowers the masses. The masses, so empowered, use their power to prevent those in authority from abusing their human