The Nature And Role Of Law In Democracy

Jurisprudence explores what would be the simplest manifestation of law so as to create a civil society society where both individual liberty and normative goals are practiced. Should the the aim of law be primarily centered on the protection of individual liberty or, instead, the normative goals geared toward the benefit of of civil society? The laws in any society ought to not be centered on normative goals it ought to conjointly defend individual liberty.

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

Law, according to Bastiat, "is the collective organization of the individual right to lawful defense" (pg. 2). Bastiat starts off saying that the basic gifts man has from God, it exists only to do what individuals have a right to do: protect their persons, their liberties and their properties. Bastiat gave the same rationale for government as did our Founders, saying, "Life, liberty and property do not exist because men have made laws. On the contrary, it is the fact that life, liberty and property existed beforehand that caused men to make laws in the first place." No finer statements of natural or God-given rights have been made than those found in our Declaration of Independence and "The Law." The law was created to ensure that individuals in society were allowed to use these gifts. "Justice is achieved only when injustice is absent" (pg. 12).When the law is used for more than these three goals, the law becomes an instrument of injustice. Similar to the use of the law is abused by the greed and false philanthropy

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

Initially, laws are difficult to design because lawmakers can’t think of every possibility, every scenario, and every obstacle that may present itself in the democracy. Despite these difficulties, laws keep society together and provide unity for the citizens. Advantages for creating laws, include, but are not limited to, providing direction for the collection of taxes, declaring clear expectations for compliance and punishment of citizens and elimination of chaos.

Therefore the law creates an equal sized sphere for each individual and polices the boundaries to ensure the different spheres do not interfere with each other, this allows for what Pogge terms as co-ordination, determinacy and assurance. Essentially the state and law allow our natural rights of freedom and equality to be realised, as they could not be put into practice in the state of nature.

Law can be defined as the written agreement that a society agrees upon this dictates appropriate and acceptable conduct and behaviour we display toward each other. Law is the foundation of the society it can only work if the society abides by it and work to maintain its existence, this will help solve any problems and crimes.

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

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

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.

According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,

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.

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.