‘The Rule of Law’ came into popularity under the hands of A.V. Dicey in the 19th Century. Aristotle, another renowned philosopher once said more than two thousand years ago, "The rule of law is better than that of any individual." [1] The Rule of Law is ultimately, the foundation of democracy that every country should acquire for the better of their own legal systems, regardless of whether it is criminal law, civil law or public law. It is a major source of legitimation for governments in the modern world. A government that abides by the rule of law is seen as good and worthy of respect. In recent decades, billions of dollars have been spent by the World Bank and other development agencies on developing the rule of law around the world—however with limited and relatively low success rates. To explain it precisely, the principle is that no one is above the law. The principle is intended to be a protection against arbitrary governance, whether by a dictator or by oligarchy. Thus, the rule of law is hostile both to monarchy and to anarchy. However, this principle will only exist with the presence of a transparent system, the main components of which are strong enforcement structures, a clear set of laws that are freely and easily accessible to all, , and an independent judiciary to safeguard citizens against the arbitrary use of power by the state, individuals or any other organization in a society. A widely shared cultural belief that the law should rule is the essential
The rule of law is reflected as a core principle of our nation and vital to ordered liberty. To rightly govern the American rule of law it is essential to acknowledge the continuity between the American Declaration of Independence and the U.S. Constitution. The United States of America “government” is framed by these two important documents. The principles of the Declaration of Independence constitute the foundation of the government based on the universal equality of all human beings, and the U.S. Constitution founds the political process that is to be followed by the elected officials in governing the people. One cannot be without the other; both are essential for a stable government.
If a law is unjust, we need to understand that it is okay to break it. For example, King describes to us some situations where past laws were unjust, “We should never forget that everything Adolf Hitler did in Germany was ‘legal’ and everything the Hungarian freedom fighters did in Hungary was ‘illegal’” (4). Throughout history, these laws have been broken and overcome. People will act against something they believe is wrong; it is a consequence of a marginalized group in a democratic society.
Is it better to follow laws that are unjust but right, or do the thing that is fair but are against the law? Socrates in Plato’s “The Crito” and Martin Luther King, Jr. in his “Letter from Birmingham Jail” answer this question from conflicting perspectives. According to Plato (427-423 BCE), Socrates believed that it is his duty to obey the law of his city, Athens, on all occasions, whereas King (1963) made the argument first put forth by St. Thomas Aquinas that “an unjust law is no law at all” (p. 69). One of these reasons for the differing opinions on this subject is due to the times and places in which these two men existed and came to their views on Civil disobedience.
The rules and controls are strict and unheard of in our society. The first of these sort of laws is the law regarding
In a democracy, the rule of law defends the rights of citizens, upholds order, and bounds the power of government. All people are equal under the law. The rule of law. Martin Krygier, Professor of Law at the University of New South Wales, argues that there are four essential principles underlying the rule of law. They are universality of the scope of the law, clarity for all citizens, supportive and culturally appropriate institutions and an appropriate legal culture.
Legalism is a fascinating philosophical and political system that has its roots in ancient China. Its emergence during the Warring States period and its popularization by the philosopher Han Feizi have made it a topic of interest and study for centuries. Legalism is a system that places a great emphasis on strict adherence to laws and regulations. This belief is rooted in the idea that humans are naturally selfish and that the only way to maintain order and prevent chaos is through the imposition of strict laws and severe punishments. One of the key tenets of legalism is the importance of a strong, centralized government that enforces these laws impartially.
Rule of law is essentially the shared values of a people. Rule of law also means that no matter who you are Prime Minister, richest man/woman on the planet, or the most famous person alive the law is no different and that is where the whole concept of justice is blind comes
In the sixteenth and seventeenth centuries, people started to question the logic of having a single all-powerful ruler. Naturally, the monarchy fought this challenge to their authority by parading divine right and the issues of constitutionalism. However, constitutionalism eliminates the danger of having a bad king and the issue of divine right while also maintaining order. Absolutism lacks constitutionalism’s validity as a form of government. In a constitutional government, every citizen must follow a set of laws, even the king.
These reasons will prevent anarchy because one has a conscience to determine which laws to follow and which ones do not; therefore, one shows loyalty to the authority of law and also loyalty to one’s
The laws stand as a basic understanding of right from wrong and allowed civilizations to keep the most peace among their people as they
Introduction 1.0 Background Study “Power corrupts and absolute power corrupts absolutely.” Lord Acton Power plays an important role in the foundation of civilization and this has been the law of nature since ages. The most royalist way to show intelligent use of power is none other than POLITICS. However, it is known that power corrupts and absolute power will definitely corrupts absolutely. Politics is popularly known and seen as the power to legislate.
According to Gloria Steinem, “Law and justice are not always the same”. This quote means that following the law may not always mean justice is being served. Laws are rules and guidelines that are set up to govern behavior. Laws set out standards, procedures
Easily undifferentiated, easily detachable, easily demolished for defiance. Build an idea, where important attributes like the government and law, force certain regulations and commands that are presumed to be a construction of stability and security. A society that is strictly imposed rules, where technology is advancing and intelligence is criminal; could possibly be considered a dystopian society. It is shown that those who follow the structure of a directive system will have no collective choice and individuality. Mankind is obligatory to respect those boundaries and those who rebel may be killed, murdered or hunted down for punishment, causing the structure of the people’s society to come to a destruction and eventually fall apart, whether
TRUE SENSE OF INTERNATIONAL LAW: The controversy whether international law is a law or not resolves on the divergent definitions of the word “law” given by the jurist. If we subscribe to the view of Hobbes, Austin and Pufendorf, that law is a command of sovereign enforced by a superior political authority then international law cannot be included in the category of law. On the other hand if, we subscribe to the view that the term“law”cannot be limited to rules enacted by superior political authority, then international law can be included in the category of law. Lawrence aptly remarked that everything depends upon the definition of law which we choose to adopt.
Law is present in our daily life and in everything we do. We cannot think a second without law. Whatever we can see around us everything is connected with the law. Sometimes we can see it and sometimes we cannot see but feel it. Law is not just a thing to obey for yourself but making a peaceful society.