Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Importance of rule of law
The cases of rule of law
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Importance of rule of law
The rule of law does not have a precise definition. Often, the term operates as a catch-all for other conceptions of which the relevance to philosophical and political theory is hard to define. Yet at the same time, it is difficult to find out what the cash value of the concept is in helping to understand how best to fashion human relationships. It has been viewed in very diverse ways. One central clue to the meaning of the ‘rule of law’ is that it requires that there be some sort of rules. The rule of law in its most basic form is the principle that no individual is above the law and everyone must answer to it. The major legacy of the Constitutional system is that the rule of law is viewed as a doctrine that no individual stands above the law, and that all rulers are answerable to the law. The rule of law is a theory of governance relying upon a series of legal and social constraints designed to encourage order and to prevent arbitrary and unreasonable exercise of government powers. The rule of law is one of the most challenging concepts of the constitution. It is also the most subjective and value laden of all constitutional concept. The …show more content…
Referring to the preamble, Syed Ishtiaq Ahmed submitted in the Eighth Amendment case, these are so real that these have found a new habitat in the body of the Constitution itself as substantive provisions (Art.7 and 8). In fact, the Appellate Division identified the rule of law as a basic structure of the Constitution. At the beginning of the substantive provisions, notice is given in article 7 of the Constitution that rule of law is central to the governance of the Republic. However, if we examine the provisions of the Constitution, we find that the entire constitutional regime is aimed at achieving the rule of law as it is understood in the
After the preamble the second part of the Constitution is the seven articles which describe the elements of the Constitution. One of the articles gives the legislativ...
the laws it chooses, 2. the rule of law, which says that laws must be
Law, ?a governmental social control? (Black 2), is a quantitative variable that changes in time and space and can be defined by style: penal, compensatory, therapeutic or conciliatory (Black 5). The brief description of law and its interrelation with social control and deviant behavior can be encapsulated in the following scheme. This concept of law put into the context of social life gives a framework of the behavior of 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 social construct, which is a result of various external social influences like culture, history, politics, economy and power. It describes the society that it exists in as it is the ideologies and values of a society that are embodied as rules and principles of law. Law constructs a framework for the society, according to the goals, interests and understandings of the people of that society i.e. It reflects the ideals, ideas and ideologies of a distinct legal culture.
An issue that has remained debatable since the Jackson litigation was what ought to be the ultimate controlling factor in the British constitution: parliamentary sovereignty or the rule of law. This essay sets out to consider the reputedly irreconcilable tension between the two fundamental constitutional principles by analysing the extensive obiter dicta in Jackson and relating it to judicial review which upholds the rule of law. The contention of this essay is that despite the courts' deferential attitude towards the sovereignty of the laws of Parliament, the rule of law may potentially gain dominance and surpass parliamentary sovereignty to become the ultimate controlling factor in the British constitution.
The Constitution or “the supreme law of the land”, as stated in article six in the constitution is very complex. It is complex not only in its actual text full of ambiguities and vagueness, but it becomes more complex when used in practice and interpreted. Constitutional interpretation is significant because it is what decides what the constitution actually means. Constitutional interpretation is a guide judges use to find the legal meaning of the constitution. The interpretation of the constitution and amendments can make a big impact on outcomes. In our government and Judiciary, we see commonly see originalism being used to interpret the constitution and amendments, but there
In this essay I will be discussing how the formal theory of the rule of law is an erroneous means of establishing laws within a state. A central theme to addressing this is essay is the distinction between formal and substantive theories of the rule of law. In order to reach my conclusion of the formal theory being proven to be insufficient, one must first appreciate the significant advantages which the substantive theory obtains. However, before doing so, I will briefly mention the importance of the rule of law in society and the requirements it needs to fulfil.
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”.
Law is the foundation of central structures of social life on which society’s integrity depends, which is why Petrazycki, Ehrlich and Habermas perceive it to be a key steering mechanism in society,
There simply is no alternate system of laws that can maintain the calm and peaceful environment for people of the world besides “law”. One can easily see the need for each and every nation to enforce its own set of rules. While all of the countries of the world have their own individuality – they all have one considerable feature which is a system of law. It has no significance what type of government is the command, the rules are all appropriate to the people in their community.
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
In the mouth of a British constitutional lawyer, the term the rule of law seems to mean primarily a corpus of basic principles and values, which together lend some stability and coherence to the legal order.
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.