Rule of Law and what are its benefits and defects.

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INTRODUCTION There has been debate over the Rule of Law suggesting a separation between the rules by law and rules made by mere power of a ruler. In the days of Aristotle and Plato, there was a clear distinction between rules and rule by mere power. These distinctions will be discussed below, detailing the benefits and defects of both types of rules. More recently, the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rules. Statutes are necessary to limit judges' ultra vires but at same time, judiciary precedents are needed to 'complete loopholes' within these general statutes. As seen throughout the discussion, notwithstanding defects/benefits statutes and judiciary-made rules have, both are incident to the Rule…show more content…
Where rules fail to take into account of specific, exceptional cases, Aristotle claims, equity should apply. Judges should correct errors of the law, rising from oversight by the lawmakers, given there are rules to be corrected in the first place. This is therefore, an argument to being ruled by laws. He favours rule by democracy where government by a collective of good men is better than being ruled by an absolute king. Decisions ought to be made by a democratically-elected assembly (e.g. parliament in our present day). Unlike Plato's idea of 'permanence', offices and positions will be rotated, enforcing the idea that everyone is equal and everyone should both rule & be ruled. For Rotation to proceed, laws must govern such rotations (cf. nowadays where there are conventions and the Elections Act 1993 stating how parliament should be elected). 1950s to 1970s Debate Fuller outlines potential failures made within a legal system ruled by a ruler. These failures suggest emphasis on the importance in the value of law and how it should be designed in a legal system. He uses an imperceptive King (Rex) and demonstrates how discretionary power can lead to unjust rules. Fuller argues for a purely formal concept of law. For example, the concept of an "existence of public order" which means an organised government, operating through various branches. However, this concept has limitations e.g. in Hitler's Nazi Germany or more recently, Saddam Hussein's regime in Iraq.

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