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Importance of the rule of law
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EXECUTIVE SUMMARY
The Rule of Law represents a process that governments must undertake to ensure democracy, the preservation of human rights, and economic freedom. This process-oriented approach to the Rule of Law requires that governments promote fair access, fair courts, fair laws, fair administration, and equal treatment under the law. These underlying principles should be espoused in all legislation, policies, and organizational frameworks. When these principles are not diligently implemented, political destabilization transpires.
While most countries in Europe have embraced this approach, Ukraine has struggled with steady implementation of the Rule of Law. The former Ukrainian government’s lackluster application of the Rule of Law directly incited the 2013-2014 EuroMaidan protests, which culminated in the deaths of over 100 Ukrainian activists. Specifically, now-ousted Ukrainian president Viktor Yanukovych and the Ukrainian Parliament did not implement the Rule of Law, but instead denied the public fair access to the justice system; infringed upon the integrity of the j...
In “Four Human Rights Myths” Susan Marks discusses several conceptions (or misconceptions according to her) about human rights. She begins her paper with a case study of the 2011 London riots and how distinctively different is their coverage by the British prime minister and two scholars.
The case of Francovich had a significant impact on the European Union (EU) law. If a conflict arises between the EU law and the national law, the EU law highly prevails. The European Union law is a framework of treaties and legislation, which have a direct or indirect effect on the laws of the member states which are bound to the European Union. Primary and Secondary laws are the two sources of the EU law. This essay will firstly analyse the main institutions of the European Union and define various legal terms. It will then move on, to discuss the case of Francovich and the importance it had for state liability. Furthermore, it will refer to subsequent cases which are linked with state liability and had an impact on the EU Law. Lastly, my own views about State Liability will be presented.
In Ukraine there are people that are gathering at the Independence Maiden Square in Kiev. They all gathered at the square to rally against their PresidentYanukovych because he was not doing what they were hoping they will do. The government launched an attack against their own state because of the rallies that are happening. Petrou said, “Kyiv’s Independence Square is a blood-and-shoot warzone” (Petrou 127). Special police units went to the Independence Square, and they started to attack all the demonstrators with clubs, tear gas, and stun grenades. It was estimated that the police battered up 25,000 protesters, and while the police was busy with the protesters, other people went around and seized up some government buildings across the western part of Ukraine. Yulia Tymoshenko, a former Prime Minister, was jailed on dubious charges, but she is a deeply divisive figure among Ukrainians; she urged the people to take the streets to protest the government’s decision on the EU deal. After some time of being jail, she is now free and is walk...
For our government to function it must be able to resolve the conflicts that arise as a result of this ‘struggle’. The rule of law is the principle that enables reconciliation and its primacy to the successful implementation of our government cannot be understated. Simply stated t...
When analyzing the recent events in Ukraine, it is important to keep its recent history in mind. A post-soviet country that never really grew into the role of being independent became tired of the corrupt and shameless ways of their puppet and dictator-like government, left over from the Communist regime. The Orange revolution that happened in 2004 gave a chance for some changes that never occurred, so a few years later the very same person who people protested against back then, Yanukovych, became a democratically elected president. He gradually altered the system from within to eventually gather all political and financial power into his own hands. "The leader had been a common criminal: a rapist and a thief. He found a judge who was willing to misplace documents related to his case. That judge then became the chief justice of the Sup...
In any type of society from hunter/gatherer tribes to post industrial nations there are rules and regulations that must be followed for the safety and benefit of said society. Over the centuries these rules have become more rigid and concrete and have transformed into strict laws that all who wish to exist in that society must follow and obey or face severe punishment. The laws are a supposed codification of social norms that all those in the society feel are common practices we must abide by and follow. The laws are created to prevent chaos from erupting amongst the people and to keep order and balance by punishing those who disobey therefore deterring others from also committing such acts. The sole existence of law is for the protection of society and the protection of those in the functioning society. Law however can also lead to the erosion of conventional societal norms and in fact put many individuals in severe danger, specifically laws that are seen as unfavorable amongst the majority of society. Unjust laws and oppressive ruling can have several unexpected consequences on a society such as revolution which much like what the American colonists did in the late 18th century decided to break away from their overbearing monarchy and form a new society with a different set of norms and laws. At the beginning of the 20th century however, a new form of response to unjust laws was born and created mayhem in major cities across the nation, the rise of Organized Crime and the underground market. Society itself has created these forms of crime through the implementation of certain laws and allowed violence and destruction to manifest in opposition to that or a specific group of social rules. Whether it was the rise of gangs in the 1...
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.
The Hollow Hope examines the following research question: when can judicial processes be used to produce social change? (Rosenberg 1). Rosenberg starts out the book by describing the two different theories of the courts. The first theory, the Dynamic Court view, views the court as being powerful, vigorous, and potent proponents of change (Rosenberg 1). The second theory, the Constrained Court view, views the court in the complete opposite way. With this view the court is seen as weak, ineffective, and powerless (Rosenberg 3). In this view there are three different constraints that restrict the courts from producing effective political and social change. These constraints include: limited nature of constitutional rights, lack of judicial independence, and the lack of tools the courts need (Rosenberg 35). Even though there are constraints on the court there are conditions where the court is able to overcome the constraints.
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 essay is the distinction between formal and substantive theories of the rule of law. In order to reach the 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. Most people would dispute that the significance of law in society is to obtain justice, however justice is simply a term which is determined subjectively, it relates to an individuals moral viewpoint.
Interfax, Ukraine. "Radio Liberty: Amnesty International Notes Worsening of Human Rights Situation in Ukraine." KyivPost. KyivPost, 13 May 2011. Web. 11 Feb. 2014.
...people know with surety that they are going to be protected from evil and the wrongdoers so the government should be obliged to create a Justice system which ensures fairness and equality. Moreover it should also be able to judge without bias and partiality for the betterment of its state.
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that is founded upon universal and neutral rules. Endicott argues that communities can never adequately achieve the rule of law because “it requires, among other things, that government officials conform to the law. But they may not do so, and presumably there is no large community in which they always do so” (Endicott, 1999, p.1). Consequently, an area of rule of law is explored by Aristotle’s critique of Plato’s philosopher-rulers theory and his defence and understanding of the rule of law.
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.
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”
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.