Aristotle
‘’It is more proper that law should be govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.’’ In his definition, he concludes that the law can mould both society and individuals which will result in law-abiding society.
Lord Bingham
Lord Bingham’s definition of rule of law in some way is similar to that of A.V. Dicey’s explanation. However, his interpretation of the rule of law is in tune with the modern era. He breaks down the rule of law into eight sub-rules:
1. The law must be accessible and so far as possible intelligible, clear and predictable.
2. Questions of legal
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Ministers and public officers at all levels must exercise the powers conferred on them reasonably, in good faith, for the purpose of which the powers were conferred and without exceeding the limits of such powers.
7. Adjudicative procedures provided by the state should be fair.
8. The rule of law requires compliance by the state with its obligations in international law.
T.R.S Allan
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
Professor Lon Fuller
According to Fuller, eight principles should be followed in order for the rule of law to function and be effective. These principles are:
1. There should be law to govern action, and law should be obeyed by all officials.
2. The laws must be published so that they are capable of being known,
3. The laws must have prospective and not retrospective effect.
4. The law should be clear so that it can be applied fairly.
5. Laws should be free of contradictions.
6. It must be possible for the people to fulfil the terms of the law rather than for it to make impossible demands on
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The separation of powers is divided into three branches which are the executive, legislative and Judiciary.
In terms of evaluating cases, there are two powerful instruments which the judiciary should be in place to ensure that there was no favouritism displayed towards any party and these are impartiality and independence. Influence and pressure can come from inside and outside of the court. The executive, legislature, the press and even other judges might interfere with the cases which no longer makes the dealing objective but rather subjective.
The first instrument is impartiality which simply means that the judge should not show bias to any of the parties. The two parties should be treated in the same way in terms of equality. Additionally, both parties should be given similar opportunities to submit their cases. The second instrument is independence. The judiciary should not only be impartial when dealing with cases but independent too. Whenever cases are being assessed, both impartiality and independence should go hand in hand to avoid
The rule of law, originally coined by A V Dicey in the 19th century, is the
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.
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
Law is what rules the lands and is a guideline in which the people follow for that is how society works and continues to prosper. Being able to, “test any particular measure that can be agreed upon as a law for people to impose upon themselves” (Kant, 55). This thinking of possible self imposed law is a way for the people at that moment in time can be able to dictate what they
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.
In this essay I will be discussing how the formal theory of the rule of law is an erroneous means of establishing laws within a state. A central theme to addressing this is essay is the distinction between formal and substantive theories of the rule of law. In order to reach my conclusion of the formal theory being proven to be insufficient, one must first appreciate the significant advantages which the substantive theory obtains. However, before doing so, I will briefly mention the importance of the rule of law in society and the requirements it needs to fulfil.
"One has not only a legal but a moral responsibility to obey just laws. Conversely, one has a moral responsibility to disobey unjust laws." Martin Luther King's words, which just correspond with the above assertion, perfectly tell us what to do in face of laws, either just or unjust.
The English legal system is complex and there are many ways in which it can be influenced, this essay will explore some of the different, more obvious ways the law can be changed and what this shows in relation to the quote above. First the essay will discuss the different ways the law can be created and changed and who enables and controls those changes, with my primary examples being the common law and legislation for the judicracy and Parliament respectively, then the essay will cover to what extent these powers enable the judicracy to change and create law in relation to Parliament and if it could be discribed as "opportunistic and piecemeal".
A key feature of the unwritten constitution is ‘the Separation of Powers’. This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group. Cooperating with one...
The meaning of English Legal System is stated out by Cownie and Bradley in the English Legal System book . There are many sources that build up the English Law as it is today. The main sources of English Law consist of Common Law, parliamentary legislation and delegated legislation. As stated in Gary Slapper & David Kelly’s English Legal System book , there are many different interpretations of the phrase ‘source of law’ where in this book the law is made up of three main sources; where in Martin Hunt’s “A” Level Law , though there are different sources that make up the English law, these sources are differentiated in two main categories with various minor sources.
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
Leon Petrażycki and Eugen Ehrlich had independent work but their theories corresponded with one another in at least one respect (33). Both theorists believe that the law is found in institutions that are outside authority.
The rule of law, simply put, is a principle that no one is above the law. This means that there should be no leniency for a person because of peerage, sex, religion or financial standing. England and Wales do not have a written constitution therefore the Rule of Law, which along with the parliamentary Sovereignty was regarded by legal analyst A.C Dicey, as the pillars of the UK Constitution. The Rule of Law was said to be adopted as the “unwritten constitution of Great Britain”.
Lisa Webley and Harriet Samuels defined the separation of powers as a theory or doctrine that describes the way in which a state organises the distribution of power and function between its different parties. The separation of powers is divided into three branches which are the executive, legislative and Judiciary.
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.