Rule of Law Defined Legal

November 29, 2022

Rule of Law Defined Legal


The UN Secretary-General defines the rule of law as:[70] Some cases were so difficult that they could not be dealt with according to general rules – cases that required the concentrated insight of some judges; He used the term epieikeia (sometimes translated as equity). However, these cases should be kept to a minimum, and legal education and legal institutions should continue to play a role in how they are handled. Aristotle`s discussion of the general appropriateness of rules and his treatment of epieikeia continue to influence modern jurisprudence (see Scalia 1989 and Solum 1994). Aristotle`s work on the rule of law is still influential. Although he framed the question of whether it was better to be governed by the best man or by the best laws, he approached this question realistically, noting that it depended not only on the type of law considered, but also on the type of regime that enacted and administered the law in question (Politics 1282b). According to Joseph Raz (1977) and others, one cannot understand the rule of law unless one already and independently understands what law is and what evils the law is likely to cause (which the rule of law seeks to prevent). For this reason, legality represents a particular set of concerns about law that have arisen in our civilization. The fact that these concerns are undoubtedly moral in nature (even if they are not overarching moral concerns) means that, according to Raz, it is preferable to separate them from the legal concept itself, lest we introduce a moral element into that concept. We, the people – individuals, institutions and governments – all have a role to play in upholding the rule of law. ABA is synonymous with the rule of law. Join us#RuleofLaw For these reasons, it is best to think of the rule of law not as a model of institutional design, but as a value or group of values that could shape such a conception and can therefore be pursued in a variety of ways. Nevertheless, some fairly simple and generalizable institutional ideas stem from the idea that those who judge the legitimacy of the exercise of power should not be the same as those who exercise it.

For example, a typical rule of law will institutionalize some means of protecting judicial officials from political or other interference that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is generally considered an important feature of rule of law. Other measures to ensure equitable access to legal institutions may also be important for rule of law regulations. Moreover, it is widely accepted that a binding written constitution supports the rule of law and has been adopted by most states around the world. No human being is liable to prosecution or can legally suffer in terms of body or property, unless it is a clear violation of the law, which is established in the ordinary judicial procedure before the ordinary courts of the country. (Dicey 1992 [1885]:110) This emphasis on the value of complexity—the ways in which complicated laws, particularly property laws, provide protections under which people can find shelter from the intrusive demands of power—has continued to fascinate modern theorists of the rule of law (e.g., Thompson 1975: 258-69). U.S. military doctrine and the U.S.

government`s Interagency Agreement (USG) could consider the rule of law as a principle of governance. [60] Others, such as Richard Epstein (2011: 10), accept that “the rule of law . a concept distinct from private property.” Nevertheless, they believe that a contingent link can be established between the rule of law and private property by showing that the forms of regulation that concern defenders of private property tend to be forms of regulation that prohibit the rule of law, even with a stricter conception. In 1959, a demonstration was held in New Delhi at which the International Commission of Jurists issued a statement on the fundamental principle of the rule of law. The event brought together more than 185 judges, lawyers and law professors from 53 countries.

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