Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
The rule of law theory
Theories of rule of law
The rule of law theory
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: The rule of law theory
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
…show more content…
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 functions of the political process that we can use to compare all political systems. It is also one of the process functions necessary for policy’s to be made and implemented in any kind of political system. These process functions play a direct and necessary role in the process of making policy. Interest articulation involves individuals and groups expressing their needs and demands. Most political systems have different forms of interest articulation to determine what the public and social groups want from their
Today, China is ranked as the nation with the largest population in the world. It is also a fact that China is amongst one of the countries whose economy is growing at a very rapid rate. It is quite imperative to note that capitalism has been the dominant in this nation, which enables it to not only strengthen, but also capture great regional as well as global influence. Even though China has been rediscovering its ancient tradition elements whilst repackaging them to be in line with modernity, it is evident that the visions embraced are very different from the ones in the West. The Celebrated Cases of Judge Dee is a perfect publication that sheds light to the reader on the various social, political and moral issues that existed in China decades ago and the ways of resolving them. Comparing the legal issues in China decades ago, a thin line can be drawn. This is inherently because nothing much has changed in terms social, political and moral perspectives. The celebrated cases of Judge Dee borrow a lot from the Chinese culture, which defines the standard morals and values for its people. Consequently, the legal system in this nation appears to rely wholly on the defined moral standards in reprimanding wrongdoers.
Essentially, interest groups use many different tactics to accomplish their central goals but this paper will detail 2 of them. The first being lobbying, which is the act of persuading businesses as well as government leaders to help a specific organization by changing laws or creating events in favor of that group. Interest groups use this technique by hiring someone to represent them and advocate their cause to on the behalf of the entire group. These hired representatives usually have more than enough experience within the political field and are able to persuade connections within the government for help with their concerns. This method gets a lot of criticism because although lobbyist offer their input to government officials on pending laws, they only look at what is favorable for their cause. When trying to make a difference you have to not only reflect on your argument but on the side affects of that argument as
xiii). Since the 1960s, when Lowi authored this text because he believed we were in a state of political crisis, interest groups have grown exponentially. This is due to growth in broad economic developments and growth and specific interests of citizens willing to take an active role in political processes. Interest group ideology has thrived on inadequate planning and overextension. Effective government requires formalities and moral legitimacy. Lowi argues that as long as well-moneyed interests do not grow to exercise an unjustly disproportionate amount of political capitol, interest groups should be welcomed in American politics as a means by which the average citizen can enjoy a greater amount of political efficacy. Lowi points out that nearly every area of government activity currently bears little relevance to the actual conditions they were designed for, and he calls for a return to older government that had consequences and held us responsible for consequences of political decisions because the current system does nothing to aid those who need government support the most, those one welfare and involved in those programs. Instead it is a power-grabbing money pool open for interest groups to take a hold of it,
... Morality and benevolence were crucial factors for a successful state, according to Confucianism and Daoism. They also placed great importance for rituals and other traditions. Many practices were continued throughout generations. Legalism believed that such aspects should have no role in the government. According to them, a strong rule with a strict hand was necessary in order to keep the citizens from growing lazy and disrespecting the authority.
We elect politicians on the basis on the issues by which they stand, and these issues are either held up or weakened by the numerous interest groups that exist today. Interest groups target both major and minor issues, using all of their resources to sponsor or overpower the groups’ concern. Interest groups are composed of a limited range of the body of voters who have a great stake in the issues their group support. They make evident the issues their group supports. Their resources are used in an attempt to make their issue public policy. Interest groups are persistent; they do not give up until they succeed. They lobby congress, take legal action, and attempt to influence election results in order to benefit their cause. ”The AARP monitors local and national legislation of interest to its members.”1 The AARP, an example of a non-PAC interest group, focus their efforts to electioneering and media. They influence the elections through their voter guides, election forums and the large senior voting population. Through television, radio, and periodicals the AARP is able to achieve many of their goals to aid retired persons.
laws conformable to the general will, the first rule of public economy is that the administration of justice should be conformable to the laws." His natural political philosophy echoes the way of Lao Tzu: "The greatest talent a ruler can possess is to disguise his power, in order to render it less horrible, and to conduct the State so peaceably as to make it seem to have no need of conductors. "[v]irtue, no virtue without citizens; create citizens, and you have everything you need; without them, you will have nothing but debased slaves, from the rulers of the State downwards.
Option 4: Both King and Rawls touch on the nature of just and unjust law, while King goes a step further and argues about responding to unjust law. Write an essay about how individuals do or do not respond to unjust law.
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.
Law is a system of rules that has been set up by the legislative branch of our government. It is a must that every person in that country follow these laws, or severe consequences will be held against that person. In every court house legal systems are held. There are two common types of legal systems used, common law and civil law. Common law is used by countries that are from the British colonies, as this type of system was originated from England, when King Henry II wanted to combine the laws and customs together. Whereas, the countries that use civil law are from the European colonies (Common Law vs Civil Law,2009). Even though, both laws are commonly used, they differ in terms of the constitution, the jury’s opinion, the role of the
It is thus rational for us to question the validity of preconditions upon which these ideas were acquired and the legitimacy of the ideas; and later but more importantly, how did the Legalists become the only classical thoughts had its teaching adopted as the sole official doctrine of a regime ruling all China and bring about the unification of China; and lastly, the association of the all-too-soon collapse of the ephemeral Qin Dynasty and the Legalists thoughts.
ICL Document, (1988) . ICL- China Constitution: Retrieved March27, 2001 from the World Wide Web: http://www.uni-wuerzburg.de/law/ch00000_.html
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
This paper will begin by highlighting aspects of citizen participation showing the advantages and disadvantages it has on the policy process and discuss how citizen participation in the policy making pro...
Every action of the government will be assessed under the rule of law and it will not be able to mediate in certain cases. Also, with the rule of law existing, the people will not be under a dictatorial rule as the government cannot exercise their power at their own wishes.