The Importance Of The Rule Of Law In Democracy

Rules and regulations govern almost every public activity in the United Sates. These are laws created and enforced by legal authorities to safeguard order, justice, and security in society. Laws help mediate the relationship people and groups have with one another, and outlines a general code of conduct, defining what good law-abiding citizens ought to do, according to society. Laws are universally applicable, and carry with them certain punishments and restrictions for violations or misuse. In places where laws either do not exist or are minimally enforced, then insecurity and chaos are the norm. Despite the benefits of laws, there are instances when they fail to advocate equally for all members of its society. These are unjust laws,

Our modern day society in the United State of America is considered to be a “land of laws, not men…” This means that in order for everyone to live happily and have freedoms, there must be strict rules and regulations to guide us in our daily actions. Along with these, a government is constituted to form the laws for the people. As mentioned before, the society in Night and our modern one both have a

The United States of America is a country that was founded on the idea that all citizens would have equal rights and freedoms. For the protection of the people, and to maintain order, law has been developed over time. Rights advocates are constantly pushing the boundaries of what the law should, or should not be. Individual-rights and public-order advocates are in a battle of balance, leaving the justice system to decide what the best solution is for all.

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.

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

The text book definition of rule of law is simply stated as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. This in laymen’s terms simply means that power is no-longer the ultimate decider,

The Constitution was written to ensure that the division of power between the government and the states. Alexander Hamilton, James Madison, and John Jay penned the constitution, and bore in mind that the establishment of a new government separate from England, needed to prevent a, “majority rule” and possible tyranny. Therefore, it was agreed that in order to separate the powers of government, that the responsibilities would be divided among three separate branches, the executive, legislative, and judicial, were established in an effort to institute a checks and balances system into place that, would distribute power. Thereby preventing any form of tyrannical rule. In addition, another aim of our constitution is to prevent, as mentioned above, majority rule. Majority rule can be seen as a real threat, as it too can develop into a tyranny, and infringe upon individual rights. This is what is referred to as the, “paradox of democracy’ (POLS210). The checks and balances which not only acts as a prevention of one government branch from having

Definitions of the rule of law can be blurred unclear at times, the easiest way to define what the rule of law is, is to start by looking at 4 main principles. Firstly it recognises that everyone is accountable under the law, regardless of status or position within society such as politicians and the government it’s

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 implies that all the citizens of a particular state are subject to the laws of that state, included in the category are the lawmakers who are also subject to the law itself (Stavar, 1998). The rule of law is in contrast with autocracy that is a form of government where unlimited power is held by a single individual or oligarchy where the government is run by a few selected individual who is wealthy. In all the named forms of governments, the rulers see themselves as above the law and that is what is being witnessed in the courts today. The judges cannot be touched by anyone even the law. Instead of following the rule of law people in the judicial system have taken the power into their hands, and it is they that decide the fate of the American citizens (Hoester, 1991). Judges in protecting the interest of a few individual make sentences that go against the laws they have the responsibility of practicing. It is quite fascinating of how the people in the court do not see the irony where those that are trying to fight against unlawful acts of the judges are the one being tried and sentenced while those that are carrying out illegal activities are the one pretending to be practicing the law(Sutherland,

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.”

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

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.

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.