We can’t write off the rule of law as irrelevant rhetoric: it has been recognised as an important constitutional principle in an Act of Parliament: Constitutional Reform Act 2005- 1. The rule of Law; This act does not adversely affect- (a) the existing constitutional principle of the rule of law, and is routinely cited as a constitutional principle by the courts.
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.
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.
Well what an iconic question to ask. Well as stated by Reference.com, “Laws are important because they keep a society together and functioning. Laws strive to maintain peace and safety among people and provide ways to resolve issues that do arise among individuals. Laws exist to protect people from each other and from themselves as well as to protect the government from harm, to promote certain values and to provide goods and services.” Also, if you read the declaration of independence, it goes in by detail and states that you are entitled to these rights at the cost of you following
to the law. The rule of law often is stated to be one of the
In every society around the world, the law is affecting everyone since it shapes the behavior and sense of right and wrong for every citizen in society. Laws are meant to control a society’s behavior by outlining the accepted forms of conduct. The law is designed as a neutral aspect existent to solve society’s problems, a system specially designed to provide people with peace and order. The legal system runs more efficiently when people understand the laws they are intended to follow along with their legal rights and responsibilities.
As the primary law of the land, the Constitution establishes all succeeding laws that would cater to the development and progress of a nation. The United States, with almost half a millennia of political practice has created for itself a system spanning the entire modern free world.
What is meant by “rule of law” is the principle that all people and institutions are subject to and accountable to law that is fairly applied and enforced; the principle of government by law.
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 purpose of laws is to protect its citizens. Laws are written and approved by the three main bodies of government, and then are enforced by the police and with the help of the legal system
Law is the very foundation of society and the true function of justice is to keep the scales even between man and man to adjudicate the merits of the problem brought before the courts in the true light.
“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.)
Whether it is corporate, personal, or societal, laws are created to protect the interests of the masses. According to the textbook, Business Law: The Ethical, Global, and E-commerce Environment, 13th Edition (Mallor, et al, 2007, p. 11), the most important functions of law include the following:
The rule of law represents a challenge to State authority and power, demanding both that power be granted legitimately and that their exercise is according to law. The law is not autonomous but rests on the support of those it governs. Whilst the rule of law places law above everyone, it remains paradoxically subjected to the ultimate judgment of the people. The rule of law is considered the most fundamental doctrines of the constitution of UK. The constitution is said to be founded on the idea of the rule of law.