The "rule of law" is an English concept which formulated in the 1500s as a means of describing whom had the authority to govern over another. Since its initial creation, the "rule of law" phrasing became more universal thanks largely to the work of A.V. Dicey in his 1885 work "Introduction to the Study of the Law of the Constitution." In this writing, the rule of law concept was further defined with three essential principles:
-No man can be punished via goods or body unless a distinct breach of the laws is established in the court system where they are established.
-Every man regardless of rank is bound by the laws of the applicable jurisdiction.
-The constitution of a given jurisdiction will provide the groundwork for a rule of law which will help to determine the rights of citizens before they are to appear in a court.
This concept of a rule of law was established in a time where groups were attempting to establish the rights and boundaries of a royal ruling class and how this might be differentiated from the rights and responsibilities of parliamentary bodies in the same jurisdictions where these concepts were being established. In many cases the discussion toward the applicability of a rule of law was established because a group was seen to be overstepping their boundaries or failing to fulfil some of the requirements which were seen as necessary to protect the people within a jurisdiction.
In modern times, the concept of a rule of law is changing as the governing bodies which might be responsible for overseeing the law and protecting the citizens which are bound by these agreements has changed.
The European Union as an established governing body is an essential example of this concept which must be reviewed as the establi...
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...egarding the suspension of ministers step down. In order to prevent additional tensions it is recommended that a new leadership be chosen from a pool of qualified candidates. The process for selecting new leadership should be transparent to ensure that all citizens are being given the adequate right to participate in the political process. This will also need to work as a means of avoiding corruption of the political process by keeping a track record of the measures taken to select the leadership of the future. To further protect the rights of the people it is recommended that parliament adopt procedures to suspend participants that have been shown to participate in corrupt behavior or act with low integrity. Any immunity given to current parliamentary members should be suspended, particularly those using this immunity to prevent law enforcement from taking place.
The constitution is the bedrock in which our country is based off of today. When it comes to learning and understanding the origins of our country the constitution is a highly important piece. This book goes into great depth explaining how the constitution was forged which makes its relevance to the course very significant.
The rule of law, originally coined by A V Dicey in the 19th century, is the
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.
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.
If someone asked you what document most significantly affected America, what would your response be? In early 1787, Daniel Shay led a rebellion in Massachusetts in which the response time to put it down caused a meeting for the complete re-evaluation of the efficiency of the Articles of Confederation. The final result of that meeting was not an amendment of the Articles, but an entirely new draft called the Constitution of the United States. Since then, this document has not only been referred to as the “supreme law”, but as the cornerstone and foundation of the United States government. Time after time in American history, its guidelines and effectiveness have proven that the Constitution is not a document to be disregarded. Therefore, the Constitution of the United States should be looked at as a paradigm and fully relied on for all political decisions of this country.
One of the most unique and vital features of the American government is the establishment of a constitution. This constitution is a result of the fear of tyranny and the idea of rights that are unable to be infringed upon. The Constitution of America became the base of all law and decisions made in court. It gives us the ability to propose and pass laws, who can sit in power, what states can and can’t do under the supremacy clause, disburse funds, etc. In order to truly understand how the constitution can be implicated and interpreted, it is important to understand where it came from, and what Article One of the constitution states about governmental organization, and the Legislative branch.
The first time a unified government structure went into effect was on March 1, 1781, when the Article of Confederation went into effect to unify the 13 colonies that fought in the Revolutionary War into one country. The Articles of Confederation was an extremely flawed document that gave way to many rights and liberties to the individual states, and not enough power to a centralized government. The main problem with the Articles of Confederation was that they left the national government powerless to enforce any laws that they might have passed. Under the Articles of Confederation, each state printed its own money and there was no nationwide economy. Eventually the Articles of Confederation was replaced by the United States Constitution, which is still the governing document of the United States today.
Peterson, J. and Shackleton, M. 2002. The institutions of the European Union. Oxford: Oxford University Press.
At first thought, we associate laws as prohibited activities and lawyers as people who have high quality suits and expensive brief cases. However, law is not nearly as simple as it appears to be on the surface. There has been no time within human civilization where law was not present. Implementation of laws can be recalled back to New Testament times in the Bible where murder was a condemned crime that would be punishable by death. Law is defined as the principles and regulations created by a community or some authority applicable to its people. If we did not enforce laws or punishments, how many more crimes would be committed on a daily basis? In this paper, I will be discussing what Criminal law is, its historical contributors and its
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:
Throughout this paper I will identify and discuss five philosophers as well as their theories on the concept of the nature of law. The five philosophers that I will be discussing are as follows; John Austin, H.L.A. Hart, Lon Fuller, Joseph Raz and Thomas Aquinas. I will also be answering three key questions about each philosopher and their philosophy.
To begin, we must understand the meaning of the rule of law and why the UK courts implement this constitutional principle in day to day practice. British jurist and constitutional theorist A.V. Dicey paved the way for much of our understanding of the rule of law we know today; giving a strong starting point for academics such as Lord Bingham and Joseph Raz whom later on developed the formal and substantive theories of the rule of law. Dicey has three key principles: no punishment unless there is a breach of the law; Law should not be exercised arbitrarily; and there should be a consistency in the creation of law. Dicey simply means that an individual should be aware of laws which apply to them, they are free to act as they please, whether they
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”.
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 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.