The Meaning and Constitutional Significance of the Rule of Law
The rule of law means different things to different people. The
meaning of the rule of law is a state of order in which events conform
to the law. The rule of law often is stated to be one of the
fundamental doctrines of principle of the UKconstitutional. Generally
it has been seen as a characteristic feature of western liberal
democracies. A widely-assumed meaning of the "rule of law" is that of
peaceful resolution of disputes within the citizenry based on law
rather than force. Facilitating such a rule of law is a fundamental
role of government.
The rule of law implies that government authority may only be
exercised in accordance with written laws, which were adopted through
an established procedure. The principle is intended to be a safeguard
against arbitrary rulings in individual cases.
According to Dicey, the rule of law is one of the fundamental
principles of The English constitution; he gave three meanings of the
concept of rule of law. Dicey summarized the rule of law under three
captions.
Primarily- Absence of Arbitrary Power or Supremacy of Law
"No man could be punished or lawfully interfered with by the
authorities except for breaches of law. In other words, all government
actions must be authorized by law." (Reference in bibliography)
Dicey states that rule of law means the absolute supremacy or
predominance of regular law as opposed to the influence of arbitrary
power or wide discretionary power. According to him Englishmen were
ruled by the law and by the law alone; a man with us may be punished
for breach of law, but can be punished for no...
... middle of paper ...
...ference in international law.
"Its object is essentially that of protecting the individual against
arbitrary interference by the public authorities in his private or
family life." (Reference in bibliography)
The European Court of Human Rights held in the Malone case, that the
English practice of interception was insufficiently grounded in law to
allow it to be justified.
Conclusion
In summary, constitutionalism forms an institutional foundation for
the rule of law, strikes a proper balance between the rule of law and
the rule of person, provides a minimal guarantee for the justice of
both the content and the form of law and, finally, is itself
safeguarded by the rule of law. This, in my view, constitutes a
relatively complete description of the relationship between
constitutionalism and the rule of law.
Our ideas about laws and philosophy are borrowed from those of Justinian’s code, which was the main set of laws of the empire. For example, the Declaration of Independence says the “unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.” (Doc. D) This is similar to the “maxims of law... to live honestly, to hurt
Legal consciousness refers to how people’s different conceptions of law determine whether they mobilize or resist the law (SOC216, Jan. 26). Susan S. Silbey and Patricia Ewick disclose three narratives of how people perceive the law: before the law, with the law and up against the law (2000). Individuals who are before the law fundamentally treat legality as an objective realm that is removed from their ordinary social lives (Silbey and Ewick 2000). They believe that the law is a hierarchical classification of rules that is both majestic and impartial (Silbey and Ewick 2000). In regards to ‘with the law’, legality is described and played as a game, in which existing rules can be arrayed accordingly and new rules can be invented in order to serve the individual’s interests (Silbey and Ewick 2000). Legality is described as a “terrain for tactical encounters” where
the laws it chooses, 2. the rule of law, which says that laws must be
The worries of yesterday Eventually, we will have a tyranny without a strong, trustworthy constitution. We do not want to recreate exactly what the colonists were trying to avoid and escape from, which was tyranny. Tyranny refers to when a person has a lot of power, and has a lot on their hands, having complete control, and total control. In 1787 a group of delegates from 12 of the 13 states goes together to try to better the country.
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.
Since even the earliest civilizations, there have been laws. Laws are a fundamental part of our government. They help the average citizen navigate through life when situations arise and accidents happen. They are there as guidelines for safety and overall well-being of a society. A citizen has the power to seek justice through the help of our court system. The legal system also determines the consequences for citizens who break the laws. For the “average citizen” the legal system is right and just.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there
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.
Before we can dive into this topic, it is prudent that we define some important terms that will play a huge part in this subject. What is a Constitution? According to Ringera J, in The case of Rev Dr Timothy Njoya v The Attorney General, the Constitution is a living document with a soul and embodies certain deep-seated codes and principles and must be interpreted to give light to these codes. Another term to be defined is the rule of law. The Oxford English Dictionary defines it as the principle where all members of society including government officials are bound by codes that are publicly promulgated
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 which are:
According to Reference.com (2007), law is defined as: "rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct." Essentially law is the rules and regulations that aid in governing conduct, handling disputes, and dealing with criminal actions.
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
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
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.