India And Jap Rule Of Law

Law codes serve two major functions, to promote order and enforce stability. Not all law codes are the same. They differ depending on the influences acting upon the ruler, and the region the laws are created to work for. Even so, the laws all serve the same purpose. Like Ashoka’s Pillars and Hammurabi’s code. Asoka’s laws and Hammurabi’s laws differ on the grounds of social systems, yet relate on the idea of technology.

To be sure, modern laws are made to express the general will, a will that aims at the common good. This means that laws in most cases intend to protect every social member’s rights under the principle of justice and fairness. For telling examples one need to look no further than American judicial system. The access to the two courts systems, one federal court and one state court, provides citizens with the greatest potential to have their legal problems

The rule of law is viewed as one of the main element that establishes good governance of a state. In United States

The rule of law is treating all persons equally under the law in a society that is not run by any arbitrary power. Everyone is subject to the rules of law, including those in government and court positions; it is consistent throughout society and essential to achieving justice. An example of the rule of law being successfully applied to achieve justice in the

During the second chapter of his book, Hudson addresses a second challenge: The Imperial Judiciary. Within this, he looks at “two alternative theoretical approaches” surrounding the judiciary and its power, to better fit with a democratic government (Hudson, 88). These two alternative theoretical approaches brew down to either being a judicial originalist (strict constructionists) or a judicial pragmatist (living Constitution).

Living under Rule of Law means all of society including institutions are held responsible for law, and law will be enforced by law enforcement. Rule of Law has three main elements. The first element is recognition of underlying concepts and values emphasizing human nobility and value. The second element values and concepts are joined and formalized in writing and they present in revered documents. Finally, the third element substantial laws and directorial law and procedures are put into effect to hold state and agents of important value. The Rule of Law has laws limiting the government from having too much power. Under Autocratic the power is left in the hands of one person. The person who is left all of the power has complete control of decision making, and society has little to no input. Under an autocratic system there is no opposition, because there is no one to oppose. Theocratic government system is a religion base system that names god as a leader. Under theocratic laws are interpreted by someone who is represented. Here the church can take the position of a civil government if

China and Japan are two unique civilizations that went through similar, yet vastly different changes throughout their histories. Their growth and response to other nations differed in many ways in government, lifestyle, and general well-being. One of the main causes for such difference between the countries is the way the West influenced each region, and the way China and Japan responded to this influence. China focused more on the idea of being a "status oriented" society, while Japan was more "goal oriented" based. In China, anyone had the ability to better themselves and change their status through civil examinations given by the government. Western impact however slowly changed this old age system. Japan's caste system viewed

The Japanese constitution is composed of 11 chapters, and 103 articles. It was drafted by Supreme Commander for the Allied Power, after Japan lost World War Two. The fundamental

Japan’s political structure during the 19th and 20th Century would shift dramatically just as China’s did. After hundreds of years of rule by a Tokugawa feudal system, Japan was isolated and there was much division within the

Initially, laws are difficult to design because lawmakers can’t think of every possibility, every scenario, and every obstacle that may present itself in the democracy. Despite these difficulties, laws keep society together and provide unity for the citizens. Advantages for creating laws, include, but are not limited to, providing direction for the collection of taxes, declaring clear expectations for compliance and punishment of citizens and elimination of chaos.

Through the study of human history it is evident authoritative and monarch governments prevailed as legitimate authorities but with careful considerations these political systems were seen as inaccurate by many. New political systems, functions and responsibilities soon began to surface. Democracy was among these new political systems and argues for the influence of citizens in politics and the protection of rights (Dahl, 1998, p. 44). Democracy can be found through many political systems around the world particularly in first world countries such as Canada and the United States of America. Fortunately the notions of democracy can also be found in some developing countries such as India. ¬¬¬Although democratic views and notions are found throughout Indian politics and its associated practices India does not prove to be completely democratic in relation to Robert Dahl’s criteria of democracy highlighted in his book, On Democracy. Robert Dahl, a political scientist and professor, sets up 5 criteria of democracy that includes effective participation, voting equality, enlightened understanding, inclusion and control of agenda (Dahl, 1998, p. 36-7). He argues that a sense of true democracy is founded when all 5 criteria of democracy are fulfilled (Dahl, 1998, p. 36). Unfortunately India is unable to accommodate the criteria of voting equality and effective participation due to its

“Rule of Law”, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power and excludes the existence of arbitrariness, of prerogative ,or even wide discretionary authority on the part of government.” (THE LAW OF CONSTITUTION 198 (8th ed.)

The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.

Although India has been controlled by foreign rulers for centuries the people of India have decided they no longer will stand by and be governed by an outside source. The British Governor Generals have proposed a constitution for India saying it is the best plan for a free India; however they are wrong. There are several issues which can be detrimental to India’s success as a self-governing country. The British need to stop treating the people of India as children, by telling them what they need, and instead let them decide for themselves. One issue in the constitution proposed is the lack of a national judicial system. Another is the income of the national government is based upon the provinces and therefore there is no way to enforce the standards the national government sets. An additional issue is the weaknesses of a decentralized government. While there are several other minor issues, the biggest issue of all is the English Rights Clause.

And so it helps the Government in formulating suitable laws. In pursue its economic and social policies for e.g. law and legal propositions are not find or absolute. They are in the state of becoming. Accepted norms or principles whether statutory or as principle of justice, equity and good conscience are applied again and again to test its voracity or