Secondary rules enforce primary obligations in the form of law. The rule of recognition can be used to explain this more clearly. Hart stands firm that the fulfilment of moral criteria is not needed in order for a law to be valid and denies the fact that there is a connection between law and morality. He states that in order for a norm to be legally valid, it has to observe ‘fundamental rules specifying the essential law-making proce... ... middle of paper ... ...riate and critical analysis of the law. Personally, Fuller’s idea of a legal system seems more plausible as he does not attribute legal validity in a binary fashion and there is room for moral criticism of the law.
Under this principle are many rules, one of which is to oppose all forms of discrimination and harassment and promote affirmative action. Discrimination and harassment in public institutions is not new although there are laws against them. In spite of their existence in statutes, many cases go unreported and this calls for sound respect for ethical standards. Involving the citizens in policy decision-making is another requirement under the principle. Decisions in major government organs provide no obligation for participation by the public although it is ethically good to involve the citizens.
In the former, honesty lies in exposing the truth; in the latter they, in that their promise of secrecy is not broken. The virtue of loyalty has analogous implications – loyalty to the community would encourage exposition of the tr... ... middle of paper ... ...do not lie” as extremely important, I must decide whether this rule is balanced by consideration of the other rules in play. I might consider that “do not break the law” and “do not cause unnecessary suffering” are cumulatively more important. Without a method for stratifying rules, decisions will be subjective and open to abuse. Lacking the general guidance seen with phronesis and arete, the prima facie Deontologist is left without direction.
This validates some aspects of Dicey and Raz’s theory on the rule of law, as government official are prohibited from doing anything that isn’t written in statute to avoid the misuse of their power. In conclusion, taking into consideration the perspectives on the rule of law, there are obvious limitations when applying them to modern democracies. The importance of the rule of law is undermined when a state is legally sovereign as the rule of power will always be supreme. Raz’s principles have proven to have limitations such as he fails to mention the protection of human rights; however, many of his principles are still current in modern democracies and easily applicable. The substantive definition of the rule of law is better suited as it goes further than the formal rule of law by examining the actual substance of the law instead of just its functions.
The passage s teaches us mainly about being merciful to our enemy and God will be merciful toward us. Forgiveness of kind especially toward our enemy. We should not harm others even if they done bad things against us. We should show compassion towards others because if we don't people might not show compassion towards us. The passage told us that Jesus is merciful even towards his enemies.
Next is, it should follow the rule of law. This means that the decision or actions that are made by the government is not above the law meaning that they are not doing things that is considered crime in the law. For example corruption. Another characteristic is the government should be responsive. The local government should always serve the needs of the community and give the necessary things that the people need and the last is the government should be effective.
It is still upheld because theses, liberties are given to prevent brute force, maintain equality, and to continue what the natural law has taught. It is used to make sure there is a checking system so that no power outweighs another. The idea of “Separation of powers” is developed to have a balance in how much power one within the system of government can control. This is very important, because the government controls these laws and one could hypothetically try to enforce something that goes again the ideal system. The other groups or branches within the government can check each other to make sure whatever is issued out is not going beyond their power.
Even though justice acts as a way to loosely control the acts of citizens, it doesn't affect their liberty. Liberty is freedom. No one would want to live under a government under which they have no freedom and are controlled. Defense is also very important in a government. The protection of the people should be in high priority of the government.
Writing Civil Disobedience later on, Thoreau would require that simple life be free of an intrusive government. But these discrepancies in detail should not mask the men’s fundamental advice: merely following intuition can achieve a meaningful existence. That intuition must be first accepted by the person holding it, or else he or she risks living to another’s wishes.
Rose-Marie Antoine’s stated that, “The Privy Council gives us the opportunity to benefit from, and contribute to, a common pool of case law and to keep in touch with a variety of similar legal systems”. Although these arguments can be convincing, the idea that the CCJ will be tainted by political intrusion has been overstated and cannot be evidentially supported. The establishment of an independent Judicial Legal Commission ensures the security of the independence of the ... ... middle of paper ... ...s incurred by the court. The CCJ’s trust fund is controlled by an independent Board of Trustees to ensure that there is no financial intrusion by the government. A point that should be considered is which cost is of paramount concern; the state’s cost to implement the court or the cost to individuals seeking a higher level of litigation?