Rule of law The Rule of Law Essay The Rule of Law Rule of Law The Role Of Law Essay Rule Of Law Essay

1. Rule of law
1.0 Introduction
The rule of law is fundamental in any society where human rights are to be protected. The word
rule comes from "rГЁgle" and law from "lagu" roughly translating to "supremacy of law".1It is a
mechanism for safeguarding human rights by guaranteeing them legally and at the same time
providing a means for redressal where violations occur.
The most important application of the rule of law is the principle that government authority is
legitimately exercised in accordance with established procedural steps that are referred as to due
process. The principle is intended to be a safeguard against arbitrary governance, whether by a
totalitarian leader. Thus, the rule of law is hostile both to dictatorship and to anarchy....show more
content...
In a democracy like Mauritius, fundamental rights and freedoms are entrenched in chapter two,
sub–sections 3–16 of the constitution. The provisions guaranteeing fundamental rights and freedoms
are modeled on the European Convention of Human Rights.
The case of DPP V Mootoocarpen & ors shows the influence of the European Convention on the
Constitutional Law of Mauritius. Great importance has been placed on international conventions and
their implementation in order to ensure obedience to a universal standard of acceptability (National
Human Rights Commission– NHRC).
Another reason for its importance is that the rule of law promotes the expression of a collective
will. Law is a means by which the collective will of the people is expressed. Our Constitution
enshrines the basic human rights and civil rights that people want protected
Another reason for its importance is that the rule of law promotes the expression of a collective
will. Law is a means by which the collective will of the people is expressed. Our Constitution
enshrines the basic human rights and civil rights that people want protected.
The principle of the rule of law is also said to be important as it upholds a monopoly on the
legitimate use of force. Democracy depends on an effective state. The Constitution and statutes give
the state the monopoly on the use of force.
In addition, the adoption of the
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2. The Rule of Law Essay
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However,
the following work considers the attempts of various social and legal theorists to define the concept
and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and
content of the rule of law differ quite widely depending on the socio–political perspective and views
of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that
are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on
the rule of law in order to address the question posed in the title, which is at first sight a deceptively
simple one. The rule of law Modern...show more content...
Slapper and Kelly postulate that: "the 'rule of law' represents a symbolic ideal against which the
proponents of widely divergent political persuasions measures and criticise the shortcomings of
contemporary State practice." (Slapper and Kelly, 2009, p15) These commentators concede that
the concept 'lacks precision' and that its meaning changes over time. Noted legal philosopher
Joseph Raz accepted the necessity for State intervention in society and suggests that the rule of law
is essentially a means of controlling, limiting and shaping the exercise of discretion in this
intervention, rather than seeking to abolish it entirely (Raz, 1977, p195). Raz clearly appreciated
the risks associated with the arbitrary and uncontrolled exercise of discretionary power and
envisaged the principle of the rule of law as the primary safeguard against that threat. Many other
writers appear to share the opinion expressed by Raz that the raison d'ГЄtre of the rule of law is to
control the exercise of discretion, including Dicey, Hayek and Thompson, and to a lesser extent
Unger and Weber. Dicey, for example, in his highly influential magnum opus, An Introduction to the
Study of the Law of the Constitution, suggested that the rule of law is composed of three distinct
and specific, but indivisible elements (Dicey, 1885, p179–201). These are: 1. An absence of arbitrary
power in the hands of the State; 2. The supremacy of ordinary
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3. The Rule of Law
The idea of the rule of law can be traced back to at least the time of Aristotle who observed that
given the choice between a king who ruled by discretion and a king who ruled by law, the later
was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with
providing the logical foundation upon which the modern notion of the rule of law is based. The
term 'rule of law,' since reformulated by A.V. Dicey in the 19th century, has traditionally meant to
include such notions as supremacy of standing law over arbitrary power, equality before the law
(which applies also to government officials), and a binding constitutional framework. The rule of
law generally refers to two elements; firstly, the recognition...show more content...
The rule of law would seem to require no less. Application of this sub–rule to ordinary civil
processes is largely unproblematic, once it is remembered that not all decisions are purely judicial.
As the Chief Justice of Australia has pointed out, "the rule of law does not mean rule by lawyers."
Finally Nepal has failed historically in complying with the "Rule of Law" in government practices
and made itself world renowned for its ongoing tradition of impunity all time in all three branches of
government. The question is "why Nepal has to be doomed with such traditions that perpetuate party
favoritism, ethnic tribalism, religious superior–ism, familial nepotism, gang criminal–ism, and so on
that overrule justice?" There are many areas of Nepal in the government mechanism need regulations
with the implementation logistics, which can bring all under the rule of law, particularly the
executor (government official) and executed (the citizen who has violated the law) for justice. Nepal
neither will succeed with democracy nor will become prosperous as long as it continues with the
tradition of impunity under the domain of party favoritism, ethnic tribalism, religious superior–ism,
familial nepotism, and criminal–gang–intimidation (mafia). Nepal needs to focus on implementation
procedures of regulation to address the diminutive issues of the society in everyday existence for
both citizen and the government official to make
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4. Rule of Law
Basmah Elahi
Rule of Law
London International Programs, UG Law, Public Law Essay 2.
The Rule of Law, enforced by the courts, is the ultimate controlling factor on which our constitution
is based. Discuss.
The rule of law is one of the fundamental principles of UK's unwritten or uncodified constitution
.The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike. This
in the words of the 19–century constitution expert, A.V.Diecy ensures a 'government of law ' and not
a 'government of men '. The alternative to the rule of law is there for arbitrary government. In this
way, the rule of law establishes the relationship between government and the people. AS John...show
more content...
The Law Is Always Applied
Disputes must be resolved by the application of the law rather than by other means. This means that
there must be a certainty of punishment for breaches of law –law cannot apply in certain
circumstances, but not in others. By the same token, there should be punishment only for breaches
of law– people should not be penalized except through the due process of law.
However, concerns have been expressed about the extent to which this principle applies in the
UK; * Not all crimes are reported and therefore legally addressed ( this applies, for instance, in the
case of most rapes) * As polices resources are limited many crimes are not detected ( for example ,
speeding offences) * 'Trial by the media 'means that people may be punished without legal
proceeding having taken, or, perhaps, despite being acquitted.
4. Legal Redress Is Available Through The Courts
If people 's rights have been infringed (whether by other citizens, organizations or the state,) they
should be able to protect themselves through the law. For many legal experts and a growing body of
senior judges this implies that the law should defend fundamental human rights .This is the aspect of
the rule of law that safeguards the individuals from the state.
However, concerns have been expressed about the extent to which this principle applies in the UK: *
There is no entrenched bill of right to protect fundamental human rights * The Human Rights
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5. The Role Of Law Essay
The Role of Law Law is a system or collection of "principles and regulations established in a
community by some authority and applicable to its people." (Dictionary.com) In the past, people
viewed law as an unchanging factor that was a part of the natural order of life. Today, most
lawmakers view law as a flexible instrument that can be used to accomplish a chosen purpose. "One
strength of this instrumentalist attitude is its willingness to adapt the law to further the social good.
A weakness, however, is the legal instability and uncertainty those adaptations often produce."
(Mallor, 2007) A few of the most important functions and roles of laws are to peaceably settle
disputes, check government power, serve the economy and society, and...show more content...
Contracts allow people to enter into an agreement knowing that the agreement is enforceable by
law and the other party can be sued for breach of contract if their end of the agreement is not
fulfilled or honored. "The essence of a contract is that it is a legally enforceable promise or set of
promises." (Mallor, 2007) The contract laws are essential to this modern industrialized society. No
one would want to invest money into the building of a business if there was no assurance that the
contractor would finishing the building or the suppliers will supply what was agreed upon. These
laws can protect business investments just as it can protect individual investments or contracts. The
policy against restrictions on free competition is the basis for the antitrust statutes. "If the sole
purpose of an agreement is to restrain competition, it violates public policy and is illegal." (Mallor,
2007) There are some competition restrictions that serve legitimate business interests and are
enforced, but are scrutinized very closely by the courts. The antitrust laws were led by "public
demands for legislation to preserve competitive market structures and prevent the accumulation of
great economic power in the hands of a few firms." (Mallor, 2007) Large businesses were
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6. Rule Of Law Essay
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 in power will abide by the rulings of the courts. However adherence to the
rule of law does not mean that public authorities do not act illegally. The central issue is that such
unlawfulness is identified and remedied. Many societies that today expound the virtues of the...show
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A contemporary example of Dicey's theory can be seen in the case of A–G V Blake where the House
of Lords allowed the Attorney General's claim for a freezing order to prevent the defendant for
receiving further royalties due to a breach of Contract with the Crown. In his second concept of
the rule of law, Dicey was concerned to distinguish English law from the law of, for example,
France, where there was in contrast to England, a separate set of administrative courts for
adjudicating in legal disputes between a subject and a government official. Such disputes would in
England at the time be dealt with in the ordinary civil courts. He expressed this by saying that
"every man whatever his rank or condition, is subject to the ordinary law". Dicey expressed his
third concept in relations this time only to the English law. He pointed that the rights of the
individual were dependent and determined by the ordinary law of the land as developed by the
ordinary courts adjudicating in particular cases. He would have had in mind that in England such
rights were not based
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