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The relationship between parliamentary sovereignty and the rule of law
The relationship between parliamentary sovereignty and the rule of law
The relationship between parliamentary sovereignty and the rule of law
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The road to consolidated democracy has many twists and turns. Many of the necessary qualities of a consolidated democracy are held at different levels of importance. Although some can be deemed more important, they all are needed in order to make a successful transition to a consolidated democracy. The rule of law and civil society are two arenas that are key in order for a country to create an effective democracy. Many of the arenas are crucial in the success of the other. Rule of law and civil society work together in the sense that without rule of law, there would be no civil society to effectively represent groups in the government. Without a civil society present, the rule of law would be enforcing rules that could not be carried …show more content…
It allows for those in power to be constantly held accountable for their actions by other political leaders or the people (Linz and Stepan). It puts the new consolidated democracy into writing. Without rule of law, the regime would be able to quickly revert back to the version of itself before the efforts of civil society are evident, but it holds more importance because the work of civil society can easily be swept under the rug without the actions of rule of law. In the United Kingdom there is a parliamentary consolidated democracy. The prime minister is held accountable by vote of confidence taken by the parliament. This rule of law forces the prime minister to listen to the people and the other political leaders or risk being taken out of office (Class Notes). A state subject to law is protected by a constitution written down to attain and maintain the consolidated democracy. Strong rules create a safer environment for people to feel heard. Civil society thrives on the work from rule of law. Without it, the current leaders are not required to listen nor do they have a reason to. Another reason why rule of law is most important is because it has a continuous routine for leaders to transition through. The change in leader gives the people a chance to feel continually heard, and have a chance to create change locally or nationally (Linz and Stepan). Civil societies exist and grow under the efforts of a state of
In addition, it helped people to feel more active in the decisions of every day lives, such as new laws, regulations and taxes. Because a certain number of people got to vote, it was seen as a mandate to allow these people to represent them. Whereas, a singular ruler often was unpopular if he has been grandfathered in, or given the job because his predecessors were family.
The Rule of Law has always been a widely discussed topic throughout the history of modern political thinking. It can be defined as, “the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law” (Dictionary.com). English philosopher John Locke and Genevan philosopher Jean-Jacques Rousseau have both developed well-rounded and detailed accounts on the Rule of Law and its crucial role in ensuring democracy and freedom in society. Despite the undeniable success and importance of their works and ideas, I believe ________ constructed a more persuasive and influential argument in explaining the extensive effects of the Rule of Law on government and society.
Therefore, for the development of the society, a legal, formal and universal system has to be established, that can deal with subjects, that cannot be resolved or addressed through natural, customary or religious law. Thus over time, the law scholars and sociologists started to understand the complexity and interrelationship between law and society.
A memorable expression said by President Abraham Lincoln reads, “Democracy is government of the people, by the people, and for the people”. Democracy, is a derived from the Greek term "demos" which means people. It is a successful, system of government that vests power to the public or majority. Adopted by the United States in 1776, a democratic government has six basic characteristics: (i) established/elected sovereignty (where power and civic responsibility are exercised either directly by the public or their freely agreed elected representative(s)), (ii) majority rule(vs minority), (iii) (protects one’s own and reside with) human rights, (iv) regular free and fair elections to citizens (upon a certain age), (v) responsibility of
To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems resolved quickly and justly. Besides, the entire U.S. legal system depends upon the involvement and integrity of citizens in the roles of parties, witnesses, jurors, legal counsel and judges, making the legislation, judgment and enforcement respecting more citizens' will, which is probably based on various interests, so that laws can be as just as possible. Therefore, modern laws are in nature pursuing to treat and protect every individual in the society.
The Rule of Law refers to the principle that law should govern a nation instead of being governed by the decisions of individual governments. The complexity of Parliamentary Bills make the legislative process more time consuming, harder to comprehend and as a result it makes it harder to reach to a final decision. In this respect Parliamentary scrutiny can be said to undermine the rule of
In comparing the average citizen in a democratic nation, say the United States, to that of a non-democratic nation, for instance Egypt, it will be found that the citizen in the democratic nation is generally better off – free of persecution, free from fear of the authorities, and free to express his opinions on governmental matters. And while national conflicts occur everywhere, incidents like violent revolts have shown to be more prevalent in nations where citizens are not allowed to choose who governs them. It is slightly paradoxical that democracy, so inherently flawed in theory, can lead to such successful outcomes in practice. The question, then, becomes: “If democracy has so many weaknesses, why does it work?”
The concept of ‘the rule of law’ has been discussed by many. Professor Geoffrey Walker in his 1988 paper wrote ‘…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that the law should be such that people will be able (and, one should add, willing) to be guided by it’.
It is definitely arguable that in order to promote democracy in it's current format there must be rule of law. The law making process has fundamentally seperate divisions, with Parliament fulfilling the function of legislature, national government fulfilling the executive and the courts representing the judicracy. By dividing the law-making process this prevents one group or person from collecting too much power which in turn helps prevents misuse.
Throughout history different types of instrumental regimes have been in tact so civilizations remained structured and cohesive. As humanity advanced, governments obligingly followed. Although there have been hiccups from the ancient times to modern day, one type of government, democracy, has proven to be the most effective and adaptive. As quoted by Winston Churchill, democracy is the best form of government that has existed. This is true because the heart of democracy is reliant, dependent, and thrives on the populaces desires; which gives them the ability for maintaining the right to choose, over time it adjusts and fixes itself to engulf the prominent troubling issues, and people have the right of electing the person they deem appropriate and can denounce them once they no longer appease them. In this paper, the benefits of democracy are outlined, compared to autocratic communism, and finally the flaws of democracy are illustrated.
Parliament, as the sovereign lawmaking body is one source of law. It makes legislation via passing bills to make laws that abide by social cohesion and maintain social progress, such as sanctions imposed for murder under the Criminal Law Consolidation Act SA.
The rule of law is thought to be one of the most fundamental doctrines of the constitution of the whole of the 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”
The foundation of the modern political system was laid in the times when the world was strangled in slavery. In those moments, enlightened minds in Greek came up with the new system that was there to remain for the next thousands of years. This system, now known as democracy, is a form of government in which supreme power is vested to the people themselves. People have the right to elect their leaders directly or indirectly through a scheme of representation usually involving periodically held free elections. A new democratic government is usually established after every 4-5 years, and it is trusted with the responsibility to cater to the needs of all the people irrespective of the fact that they voted for them or not. Although the minorities may not be very pleased with the idea of democracy, however, a democratic government is certainly the best because it establishes social equality among people, reduces the conflicts in the state to a minimum, gives the chance to vote repeatedly, and creates patriotism.
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.
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.