The Principle Of Rule Of Law Essay

The Principle Of Rule Of Law Essay

Length: 1757 words (5 double-spaced pages)

Rating: Better Essays

Open Document

Essay Preview

1) Contrast Chinas “rule by law” with democratic “rule of law”.
The principle of rule of law is traditionally associated with liberal democratic ideals. It implies a particular relationship between individuals and the state, the essence of which is protection of individual rights by limitations on arbitrary state power. Such limitations are enshrined in the law and in legal institutions. This notion makes no sense in traditional communist ideology: law is a weapon of the state to use in exercising dictatorship. In 1978, however, Chinese leaders began to revive and develop important ideas and institutions of legality that had flourished for a brief period in the 1950s. The new Chinese legality acknowledges rule by law. Briefly this means, there are law and all are equally subject to them. As the second principle is often violated, this may seem a trivial advance. It is not. The ongoing effort to establish rule by law in China has already changed important ways how the Chinese act and think.
Rule by law requires laws. Nearly thirty years after the founding of the PRC, there was no criminal law. In 1978, Chinese leaders appointed committees of legal specialist to pick up work set aside for decades and to drift criminal codes for immediate promulgation. In 1979, the NPC passed the first criminal law and criminal procedure law. Rule by law implies equality before the law. This idea stands in sharp contrast to both the politicized view of law in communist ideology and routine practices in the Maoist years. In 1978, the NPC restored the procuratorates, which had been abolished in the 1960s.
2) Define interest articulation, and provide some examples of interest articulation in different societies.
Interest articulation is one of the f...

... middle of paper ...

...iods. Usually, the Chinese delegates do not even consider alternative policies.
There are even larger differences between political parties in these two countries. Britain has a competitive party system. The members of the majority party in the House of Commons and the Cabinet are constantly confronted by an opposition party or parties, competing for public support. They look forward to the next election when they may unseat the incumbent majority, as happened in 1997, when the Labour Party replaces the Conservatives in government, and in 2010, when the Labour Party was in turn replaced by a coalition of Conservatives and Liberal Democrats. In China, the Communist Party controls the whole political process. There are no other political parties. The principle decisions are made within the Communist party and the governmental agencies simply implement these policies.

Need Writing Help?

Get feedback on grammar, clarity, concision and logic instantly.

Check your paper »

Definition Of The Rule Of Law Essay

- The Concept of the Rule of Law and Various Contending Definitions of the Concept. The aim of this essay is to provide a clear understanding of the concept of the rule of law and the different definitions of the concept and indicate which of the definitions is the best. In order to show clear understanding of the concept of the rule of law this essay will include: the definition of the rule of law, features and aims of the rule of law, the different contending definitions of the concept of the rule of law and brief summary of the different views, how the rule of law is protected in the UK, before concluding with a personal opinion on which of the contending definitions is best and reasons why...   [tags: Law, Human rights, Sharia, Common law]

Better Essays
1300 words (3.7 pages)

Essay about The Rule Of Law And Separation Of Power

- 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....   [tags: Law, Judicial review, Separation of powers]

Better Essays
1501 words (4.3 pages)

The Importance Of The Rule Of Law Essay example

- Critically assess the importance of the rule of law in the UK constitution 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”....   [tags: Law, Constitution, Judicial review, Prime minister]

Better Essays
1152 words (3.3 pages)

Impact Of The Rule Of Law Essay

- What would be the impact on the rule of law in the UK of allowing the UK Parliament to determine the rights people in the UK would have?” The rule of law is one of the key constitutional principles that help’s to ensure fairness and democracy in the UK’s constitution. The basic definition of the rule of law is that nobody can override the law; everyone and anyone must obey the law in its full entirety. The rule of law holds an important role in the constitution. However, the concept is something that cannot be easily defined and is subject to change as society evolves....   [tags: Law, Human rights, United Kingdom, Legislature]

Better Essays
1340 words (3.8 pages)

The Rule of Law Essay examples

- The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted....   [tags: fair legal system]

Better Essays
1531 words (4.4 pages)

The Principle Of English Law Essay

- The common law is usually called the law established on the basis of judges’ decisions, therefore, judgments and decisions made by judges play an important role in crystalizing the source of law in common law countries. This nature of the common law derived from a doctrine that has developed officially since the 19th century, namely ‘the doctrine of precedent’ or ‘stare decisis’. This doctrine has been seen as ‘the cornerstone of a common law judicial system’ in general since it was approved as a compulsory principle of English law....   [tags: Common law, Law, English law, Judge]

Better Essays
1007 words (2.9 pages)

The Rule of Law in America Essay

- Many people ask, why did our Founding Fathers want the United States to be governed by the rule of law, instead of men. And, how does that make us different from other countries. Many people don’t know what a rule of law is, a rule of law is a First Principle that mandates that the law governs everyone. The rule of law also requires that the same law govern all citizens. Founding Father Samuel Adams observed that the rule of law means that “There shall be one rule of Justice for the rich and the poor; for the favorite in Court, and the Countryman at the Plough.” Many people believe that our founders wanted to be governed instead of men, because they could make the government weak enough so t...   [tags: foundation, government, diversity]

Better Essays
703 words (2 pages)

Essay Aristotle: The Rule of Law

- A. Explain what is meant by the concept of “the rule of law” 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....   [tags: society, judicial power, legislative power]

Better Essays
1737 words (5 pages)

Utilitarianism: The Greatest Happiness Principle Essay

- Utilitarianism was first brought up along the nourishing of “The Greatest Happiness Principle” introduced by Jeremy Bentham and further developed by John Stuart Mill, who was a follower of Bentham (Sweet, 2013). Based upon its principle, Utilitarianism states that to be good is to generate the greatest possible amount of happiness for the greatest number. In contrast with rational egoism, Utilitarianism focuses more on maximizing the overall net happiness of the majority. When facing a decision to make, utilitarianism provide us the evaluations of actions taken based upon their consequences (Sweet, 2013)....   [tags: utilitarianism, happiness principle, utilitarian]

Better Essays
525 words (1.5 pages)

The Rule of Law Essay

- The Rule of Law The rule of law maybe defined in brief as a doctrine that no individual, however powerful is above the law. In principle Rule of Law had a significant influence on attempts to restrain the arbitrary use of power by rulers and the growth of legally enforced Human Rights in many western countries. It is often used as a justification for separately legislative from judicial power, this can be clearly seen within the government structure of the UK....   [tags: Papers]

Better Essays
451 words (1.3 pages)