Essay about The Rule Of Law And Separation Of Power

Essay about The Rule Of Law And Separation Of Power

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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 relationship between the Rule of Law and separation of powers is that they are interrelated. The Rule of law and separation of power have in agreeance that all bodies have to carry out their duty justly and independently. The rule of law sets out laws that are binding to everyone. Where as the separation of power is there to comply with the fact that these laws are adhered and no individual should therefore interfere with other’s bodies and also manipulate the law for their own benefits.The states powers can be separated into three categories, firstly Executive (being Government), secondly Legislative (being Parliament), and thirdly Judicial (being Judges).
Different bodies carry out each power, this is to avoid abuse of power taking place by public officials, making sure they use their powers reasonably and do not exceed the limits placed on its use and help keep control conflict of interest at bay. This type of rule of law is upheld through administrative law and by the practice of judicial r...


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...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” mentality.

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