Rule of law refers to the societal agreement that no one is exempt from the law. The purpose of the rule of law to safeguard individual privacy against arbitrary government intrusion. This encompasses all government entities and agents, private citizens, and private entities, perhaps the best-meaning is no person is above the law; every person, from the most powerful public official down to the least powerful individual, is subject to the law and can be held accountable in court for his or her actions. The U.S. Constitution provides the means to preserve the rule of law, but not prevent legislators for enacting laws that are unfair to individuals. A good example of the principle of the rule of law an individual is accused of a crime. He or
First of all, we should know in advance than the United States uses the check and balance system in which it made up from the executive, the legislative, and the judicial. Executive power is what President has, Legislative includes the US Congress (US Senators and Representatives) and Supreme Court gets the judicial power. To put it simply, USAGov describes the roles of each branch as follow; legislative branch is to make laws, the president is to execute the law, and the judicial to evaluate the law. Those are the basics that I am going to use in answering these questions. Before getting into my discussion, I’d like to express my opinion how rule of law is. Rule of law binds every sing of us, making us accountable for the law, in another word
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
The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike. This in the words of the 19-century constitution expert, A.V.Diecy ensures a ‘government of law ' and not a ‘government of men ‘. The alternative to the rule of law is there for arbitrary government. In this way, the rule of law establishes the relationship between government and the people. AS John
The law is defined as the body of rules of conduct created by the government and enforced by government authority. Without any rules and behaviour, life in a group would be difficult, if not impossible.
Laws are made to be followed. They keep order in our society; they express our democratic will; they are the common civic virtue (‘law-abiding’, “a nation of laws, not men”). The supreme law—the Constitution—is the supreme civic and political authority. Leaders, Judges and Presidents defer to it and derive their power from it. The very fact that all the nobodies and somebodies obey the law is the answer to a very basic question:
In a society brimming with corruption and misconduct, it is imperative that the American Citizens are protected. Laws were put in place to help maintain and keep individuals intact by regulating standards. The law sets principles and desires. It also gives approaches to questions and issues while serving as an authority. The law permits people to appreciate the flexibility, live in a reasonable society, check the government, and have equity.
Rule of law: Everyone has to follow the rules no matter the power they hold, their position, and authority
There is no one fixed definition of the rule of law which is a political theory, It has been defined by Aristotle (384-322 BC) he stated “It is better for the law to rule than one of the citizens… so even the guardians of the laws are obeying the laws”. The most famous definition of the rule of law is given to us by Dicey (1835-1922) In ‘An introduction to the study of the Law of the Constitution’: 1.Regular law should should prevail over arbitratry power, 2.The law should apply equally to all and 3. There should be no higher law other than the rights of individuals, as determined through the courts. A modern, plain English version of Diceys three principles might read, 1. Nobody can be punished unless they are proven in court to have broken a law, 2. Nobody is above the law so the courts should treat everyone equally and 3. The courts will provide remedy for any branch of an individuals legal rights. … The purpose of the rule of law is to limit state power and protect individuals against tyranny…. In R (Jackson) v Attorney general (2005), Lord Hope referred to the courts as being “the ultimate controlling factor on
To begin with, the constitutional principle of the rule of law can be as simple as a set of theories about what the
Law is defined as a body of rules of action or conduct prescribed by controlling authority and having binding legal force in Black’s Law Dictionary. Although definitions vary, most definitions describe law as having four main features: body of rules and regulations, officially enacted, legitimate, and upheld by force, if necessary. Rules and regulations established by the government or governmental agency (federal, state, and local) conforms the society and
The answer is indeed quite simple. The rule of law can, under no circumstances, be entirely detached from the individuals who make up our government and society. “The rule of law is more of an ideal that we strive to achieve, but sometimes fail to live up to. A system of self-government in which all persons, including the government, are accountable under the law.” World Justice Project
The purpose of having a system of law is to for individual’s rights. The textbook states, “Law is a dynamic and ever-changing field that affects everyone, both in their individual capacities as people and in their business interactions” (Lau and Johnson, p. 7). Without laws, people will be out of control more than they are right now. There will be a lot of problems in the world and no one will listen to anyone for answers.
A rule of law should govern people and pave a clear path for us to follow. According to an old English philosopher, Thomas Hobbes, this world be in complete chaos and unorganized without a rule of law. Without a law system, there would be no system to follow and everyone would just be doing whatever they feel without considering the consequences that it could bring. We could only hope that this law system would be used fairly where no man is above law and that no one escapes it just because they are more powerful or have higher authority. Everyone should be exercising the same rights stipulated in the law in order for a society to be
The concept of Rule of Law is that the state is governed, not by the ruler or the nominated representatives of the people but by the law. The Constitution of India intended for India to be a country governed by the rule of law. It provides that the constitution shall be the supreme power in the land and the legislative and the executive derive their authority from the constitution. The King is not the law but the law is king1.
Since the time of civilizations, there have been many forms of law. From the time of natural law, then believed that rights come directly from nature; they are self evident, and are inherently God given fundamental rights that are inalienable. Natural law is rooted in the beliefs that can be traced back to ancient Rome and medieval theology. The social function of law in any society is to be an institution, or system, of rules that are enforced by an authoritative government body. Law provides a system where citizens may bring a grievance, or wrongdoing, in order for the dispute to be resolved. The government may impose rules ( also known as laws ) designed to regulate human behavior, creating a social order and a standard of behavior that is maintained amongst the members in the interest of the common good. These laws create a stable foundation for both social, and legal order. Since the dawn of human civilizations, societies have created, changed, and adapted the government body laws over the course of history due to time and circumstance.