Does The Rule Of Law Protect Our Liberty?

Mankind has been fighting for Liberty and Freedom for as long as we can remember. Liberty and freedom has been a topic which has been debated for many decades. What does it mean to be free , and how far can we go to strive for freedom. These important questions have been answered and studied by two of the greatest English philosophers, John Locke and John Stuart Mill. Locke and Mill men will attempt to uncover the mysteries of Liberty and Freedom and unveil the importance of being free. This essay will look at John Locke’s principle works” Second Treatise of government” and John Stuart Mills. “ On Liberty and Other Essays”. This essay will attempt to compare and contrast Lockes ideology on Liberty and Freedom to that of Mill.

Jurisprudence explores what would be the simplest manifestation of law so as to create a civil society society where both individual liberty and normative goals are practiced. Should the the aim of law be primarily centered on the protection of individual liberty or, instead, the normative goals geared toward the benefit of of civil society? The laws in any society ought to not be centered on normative goals it ought to conjointly defend individual liberty.

To consider each principles power and their own basis within the British constitution, the rule of law needs to be defined too, but this is somewhat harder to do as it has no set definition. Different theories have attempted to define it though, and most agree with the Diceyan definition.It states that the rule of law contains three core elements - one, the law is absolutely supreme, two, everyone is equal before the law, and three, the Constitution may be found in the ordinary laws of the state.

In the year of 1787, delegates met in Philadelphia to write the Constitution. Tyranny, a type of government with an absolute ruler, was a fear. There was a compound of two governments during this time. The two parts of government were the central government, and the state government which divided the powers (Document A).

The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.

Although the Constitution already being planned, it wasn’t “a go”. It wasn’t until the rebellion of the farmers from western and central parts of Massachusetts that it was finally brought to the convention. With the farmers not being paid the amount of money they rightfully deserved, it brought on chaos between the tax collectors, states from New Hampshire to South Carolina, and the state governments.With many failed attempts to establish a government, finally, in a 1787 convention, the Constitution was then created. The constitution gave us the nation's government that is known today and the fundamental rights/laws for its citizens. There was absolutely no flaws with the supreme law of the land, that is until tyrants come into the picture. Tyranny, otherwise none a nation under a cruel and oppressive individual or government. The problem was we wanted to create a government that wasn’t like the Article of Confederation,too weak, but they also didn’t want a government being lead by a person or a group that was too powerful. But, how exactly did the Constitution guard against tyranny?

Many have attempted to define the Rule of Law, Lord Bingham set out his view in 8 sub-rules but it was the renowned constitutional theorist Albert Venn Dicey who originally popularised the principle in 1885 when he defined the rule of law in three conceptions. Firstly he stated “that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law” , emphasising on absence of arbitrary power within the government, consequently providing a safeguard to citizen’s rights. Secondly, simply that “no man is above the law” . Dicey goes on to elaborate on this concept; “with us, every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen.” . The third tenet states that the constitution derived from previous judicial decisions, consequently determining the rights of private persons; meaning the constitution holds our rights, but is not the source of

Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.

Throughout history, countless philosophers and political theorists have tried to define the idea of liberty. While the very broad definition of this word can be agreed upon by most, the exact definition is under constant debate. This paper in particular, will compare and contrast the two of the most prominent 17th-century philosophers, John Locke and Thomas Hobbes, and their ideas of liberty. Some of their ideas are very similar while others are polar opposites. In any case, I will prove as to why I believe that John Locke offers the best account of liberty in regards to modern politics.

The rule of law states that nobody is above the law and everyone must follow the law. The citizens as well as the government have to enforce or follow every law and the people feel safe knowing this because they know the government will not just do what it wants. This is the second most important limit behind constitution because laws need to be fair and taken into action in order for the country to have balance and order. When a country has a rule of law, everyone must follow the law even the president must follow these laws also. Therefore the law is even greater than

The members of the government makes the laws of man, the police enforece them and the lawyers, baristers and solicitors alike practice them.

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

Very vaguely, the rule of law is: “the name commonly given to the state of affairs in which a legal system is legally in good shape.”

Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.