Rule Legal Definition Uk

Leading scholars in the field include Albert Dicey, Joseph Raz (based on the ideas of Friedrich Hayek) and Trevor Allan, who have proposed opposing notions about the scope of the rule of law: in particular, whether the emphasis is on legal form or substantive content, and normatively, whether this should be the case. While certain institutional traditions and conventions, as well as written laws, may be important in ensuring that judicial decisions are based on plausible interpretations of existing laws, no single institutional character of a State should be considered necessary or sufficient for the ideal of the rule of law. The rule of law is not linked to national experience or to a number of specific institutions, although it may be better served in some countries and by some institutions. Moreover, institutional arrangements that ensure the rule of law in one community could not easily be replicated or transferred to another. Different political regimes embody their own judgments about how to implement specific constitutional ideals in light of their particular legal and cultural traditions, which naturally influence the character of their institutions. Nevertheless, the sociological starting point of the rule of law is shared by all cultures: for the rule of law to be more than an empty principle, most people in a society, even those whose profession is to administer the law, must believe that no individual or group should be above the law. For these reasons, it is better to think of the rule of law not as a model of institutional design, but as a value or set of values that could shape that 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. Trevor Allan sees the rule of law primarily as a means of protecting rights against “irresponsible legislative intervention” in the face of a government with great authority, supported by (usually) a clear majority in the House of Commons. [15] The rule of law contrasts with the domination of the people and the arbitrary power that one man can wield over another – the people need protection from government. [16] This leads it to support the “fundamental characteristics” of the rule of law, including government acting within its legal powers. [17] Allan notes that this is not inconsistent with the government`s broad discretionary powers, and then accepts Raz`s complaint that an overly broad definition should state a complete social philosophy. Instead, he chooses a design that is not as broad, but not as limited as Raz`s.

[18] Despite these fundamental characteristics, however, there has never been a generally accepted or even systematic formulation of the rule of law (but not because of the lack of attempts on the part of jurists and political philosophers). The idea that the law should help to channel and restrict the exercise of official authority can be interpreted in different ways; These differences are particularly evident over time and between different communities. Laws can be defined as the rules that govern people`s behavior in a civilized society. Unlike scientific laws, which are recognized from observation of the material universe and are immutable (although our knowledge of these may change), legal laws are decided and explained by humans and can be modified by subsequent human intervention. This is true regardless of whether the justification for the law is religious, philosophical or political in nature. The rule of law is the basis for the development of peaceful, just and prosperous societies. We believe that there are four key areas that constitute the protection of the rule of law. After ordinary executive decisions were delegated, for example to a recognized prime minister and a cabinet system from the mid-18th century. In the nineteenth century, after the Bill of Rights of 1689 during the Glorious Revolution, the highest courts established the jurisprudence that enshrined the growing doctrines of the inscribed bill rule and parliamentary sovereignty. In return, Parliament accepted the possibility for supreme courts to declare new legislation illegal on the basis of older treaty legislation, such as the Merchant Shipping Act 1988 in Factortame I and IV and executive action in judicial reviews, often based on the Human Rights Act 1998 (and again or separately on the Universal Declaration of Human Rights). Man and the International Covenants).

These developments have enshrined the doctrine of the rule of law in the constitution. [4] Joseph Raz, in particular, argued that the rule of law should be limited to formal values – although formal values go beyond mere law and order. These include transparency of legislation, retroactivity of the law, independence of the judiciary and broad access to justice, as well as the right to a fair trial. [14] He suggests that the rule of law has become the embodiment of general political ideals, distinct from its real meaning: “If the rule of law is the rule of good law, then its nature must be explained, to expound a complete social philosophy.” [19] Rather, it identifies the principles of “open and relatively stable” legislation and laws that the public can live its life.

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