The Rule Of Law Essay

714 words - 3 pages

The Rule of Law
The rule of law maybe defined in brief as a doctrine that no
individual, however powerful is above the law. In principle Rule of
Law had a significant influence on attempts to restrain the arbitrary
use of power by rulers and the growth of legally enforced Human Rights
in many western countries. It is often used as a justification for
separately legislative from judicial power, this can be clearly seen
within the government structure of the UK.

The Government in the UK is highly centralised and carried out within
a written state – Government power is not confined by a written
constitution or bill of rights. It is said to be both accountable and
responsible. Responsible Government is carried out according to
constitutional conventions, internal, obligations from membership to
the European community and the rule of law. Great significance has
been given to the rule of law, within the UK constitutions legal
writers such as Dicey have tried to explain the rule of law, and in
fact many constitutional lawyers today continue to be influenced by
his explanation of the term rule of law. Dicey had acknowledged that
his work was based on the writings of Hearn, who suggested that the
rule of law is an ancient origin and may be found in the literature on
the role of the State in society. Hearn’s inspiration for his idea
lay in the constitution conflicts of the 17th century. King James I
claimed royal authority over the law despite much acknowledged advice
to the contrary.

Dicey’s own reasons about the existence of the rule of law depended in
large part on the work of Blackstone, Coke and Austin. Dicey
recognised the...

Find Another Essay On The Rule of Law

Rule of law Essay

9161 words - 37 pages Real and Imagined Threats to the Rule of Law: On Brian Tamanaha's Law As A Means To An End.† Ofer Raban∗ Brian Tamanaha's Law as a Means to an End: Threat to the Rule of Law is a book about an allegedly dangerous transformation of legal consciousness - from a "non-instrumental" to an "instrumental" view of the law.1 The book - which gathered rave peer reviews and was selected in 2007 for special honor by the Association of

The Meaning and Constitutional Significance of the Rule of Law

2130 words - 9 pages The Meaning and Constitutional Significance of the Rule of Law The rule of law means different things to different people. The meaning of the rule of law is a state of order in which events conform to the law. The rule of law often is stated to be one of the fundamental doctrines of principle of the UKconstitutional. Generally it has been seen as a characteristic feature of western liberal democracies. A widely-assumed

Seperation of Powers and the Rule of Law

1139 words - 5 pages ‘…If you maltreat a penguin in the London Zoo, you do not escape prosecution because you are the Arch-Bishop of Canterbury.’ The rule of law broadly requires; that all are equal before the law , that the government is subject to the law and must exercise its power according to the law, finally that ‘there exist fundamental individual liberties and minimum standards of justice, to which the law must conform’ . The rule of law is problematic

Malaysia: Rule of Law and Independence of the Judiciary

6151 words - 25 pages competition, guaranteed civil and political liberties, including freedoms of press, of speech and of association, accountability and transparency of governance and the Rule of Law. Given these principles of democracy and the alleged insufficiency of their adherence in Malaysia, the country has been referred to as a paradox of "semiauthoritarian" rule in a participatory political system and has therefore often been labeled as "semi-democratic" or

Lawyer: An Ambassador of the Rule of Law

1316 words - 5 pages Attorneys, more commonly referred to as lawyers, defend people who may or may not have committed a crime or violated the law. The laws of the world are what holds it together, and it is important that there is someone to defend them and make sure they are obeyed. A lawyer acts as political and legal council to everyone from ordinary citizens to top government officials dealing with foreign policies, but their main job is to help those in need

UK's Constitution: The Rule of Law and Parliamentary Sovereignty

2184 words - 9 pages Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the

Why is there so much disagreement about the meaning of the rule of law? Illustrate your answer with reference to at least two rule of law theorists.

1886 words - 8 pages There are several main approaches to defining the rule of law including formal and substantive, and functional conceptions of the rule of law. In this essay I am going to explore the formal and substantive conceptions of the rule of law. The formulistic approach to the rule of law which is to explore the definitions of the rule of law we must look at the existence of certain criteria to test the rule of law and not see whether the law is ?good

The Melting Pot and Liberty: The Relationship Between Rule of Law and Shari'ah Law in a Multicultural Society

3512 words - 14 pages The relationship between the principally westernized concept of Rule of Law and the Islamic foundation of Shari'ah law have such fundamental differences that the contemporary melting pot of our multicultural society is being impeded by way of a divergence of customs. Where the premises of multiculturalism is to encourage equality while allowing citizens old and new to maintain their identity and take pride in their ancestry, it is also crucial

Seperation of Powers, Rule of Law and Responsible Government

1703 words - 7 pages The increasing complexities of present diverse societies have led parliaments to develop various types of laws and regulations on the basis of the establishment of these intricate notions of rule of law, separation of powers and responsible government in order to maintain social order and harmony between police, citizens and the government. These implementation have distinctive application within contemporary society and the way in which

The Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution

3695 words - 15 pages The Extent to Which the Human Rights Act of 1998 Strengthened the Rule of Law in the U.K. Constitution The Human Rights Act 1998 (HRA), an Act introduced to give effect to rights from the European Convention on Human Rights (ECHR) in domestic legislation. Its introduction has affected many legal areas; especially the conceptions of the rule of law and their place in the UK constitution. To understand the effect of the HRA

The Rule of Law is a doctrine that, when followed within a State, provides guarantees that all will be subject to the law, that the law will be enacte

2386 words - 10 pages “The Rule of Law is a doctrine that, when followed within a State, provides guarantees that all will be subject to the law, that the law will be enacted through democratic means and that the law is morally good.” – Discuss with reference to the United Kingdom The Rule of Law is a theory encompassing much debate over what it is and what a state needs to do to or have to claim that it follows the Rule of Law. With

Similar Essays

The Rule Of Law Essay

1289 words - 5 pages The Rule of Law The Magna Carta 1215 and the Bill of Rights 1688 were attempts made by people of the time to enforce the rule of law in Britain. The rule of law is a set of values or principles that are the cornerstone of our legal system. These principles are known or readily discoverable and therefore do not change without

The Rule Of Law Essay

1375 words - 6 pages The Rule of Law The United Kingdomis generally regarded as a country that has a tradition of respect for the rule of law. In general terms this means that there is a historical tradition of public bodies providing a specific legal justification for their actions, and of the courts adjudicating impartially on disputes between citizens and on disputes between citizens and the state. Furthermore this also means that those

The Rule Of Law In America

1066 words - 5 pages There is a Centuries long debate as to why our Nation’s Founding Fathers chose for us to be ruled under rule of law instead of rule of man. Our Founding Fathers founded this nation on a promotion “We the People”. They ruled that we should be led under the rule of law rather than the rule of man for multiple reasons. Our government now though is stipulating whether or not the old American government made the right choice, when compared to other

The Rule Of Law In America

644 words - 3 pages were given the short end of the stick. But through all of this I do believe we have some of the most caring people in the world. To say that a bad government must be established for fear of anarchy is really saying that we should kill ourselves for fear of dying. Our country is a copy of Greek democracy because of founding fathers action to let us be. In US if you don’t have a rule of law there will be chaos. The founding fathers believed that