Principles Of The Nation 's Constitution And The Bill Of Rights

The government of the United States is able to function the way it is functioning today thanks to the 7 principles of government. The principles of this government includes Popular Sovereignty, Republicanism, Federalism, Separation of Powers, Checks and Balances, Limited Government, and Individual Rights. All of them are needed and used equally, but the most important principle of them all in my perspective is Individual Rights.

All of the seven principles of the Constitution are very important, but these are the two most significant. Separation of Powers and Individual Rights are the two most important because of the duty they both serve.

The United States Constitution was recognized to Americans as a vague statement in clarifying the privileges and the rights of individuals and centralizing the power within the government itself. With the passing of the Bill of Rights and the first ten amendments, it grants the people to what is said to be their “natural rights” following additional rights that have significantly changed our society.

The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. The term ‘rule of law,’ since reformulated by A.V. Dicey in the 19th century, has traditionally meant to include such notions as supremacy of standing law over arbitrary power, equality before the law (which applies also to government officials), and a binding constitutional framework.

The United States of America was created to be a country of justice, liberty, and independence. While the Constitution was designed to establish a strong central government, it soon became evident that a Bill of Rights would be necessary to “prevent misconstruction or abuse of its powers”, as said in the Bill’s preamble. Thus, 10 constitutional amendments were created and ratified, ensuring that the American people would always be granted certain rights. While all of these amendments work to protect the American way of life, there are three amendments which are most crucial for Americans to maintain their liberty. These rights remain as important to Americans today as they were to the founding fathers who enumerated them centuries ago.

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

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.”

According to T.R.S Allan, the rule of law is an amalgamation of basic principles and values that provide stability and consistency to the legal system. Everyone is to be bound by the law with no exception to no person irrespective to their social status. This does not omit the government as illustrated in Entick v Carrington where ministers issued a search warrant by the secretary of the state on the basis of retrieving evidence of seditious libel but the courts held only the justice of the peace can issue a

meaning of the rule of law is a state of order in which events conform

This was a fun topic to research. I had a rough time determining if I should define the RULE of LAW or look at its history and how it was developed through our constitution to the laws that govern us today. After all the supremacy clause in our Constitution says “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.” After going to many websites researching a definition that I could use to start I quickly discovered that the RULE OF LAW meant something different to each of the authors of the websites and while they were all meaningful none of them encompassed what I predetermined it should be until I reached the one definition that really jumped out at me is:

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.

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.

What is law ? Well law is a form of regulation for society, it helps keep people in order and makes your home wherever that may be a safe place to live.

The Rule of Law has been debated and discussed ever since it's creation, although the issue is that it isn't clearly defined in most cases where it is used. To put it simply, the Rule of Law dictates that "none are above the law, but the law is above all". The best way to give meaning to the rule of law is to use it in a modern example; President Mugabe refused to follow The rule of Law by stating that he would not remove war veterans from white owned farms. Mugabe was court ordered to remove war veterans from these farms, with his refusal to do so he breached and ignored The Rule of Law.

In every political society it is the law which contributes to its civilized character, but law is the handmaid of social justice, rendering in the interest of society that which is according to law and to which a person or persons are entitled.