...Rule of Law Rule of law is most discuses but least understood concept of present times. Laws are such principles that form basic standard acceptable behavior. This basic standard acceptable behavior are formed aver a long period of time. These principle define clearly the purposes that people are supposed to follow to established a healthy society. The presence of these principles provides a clear vision to society. If these are no laws in a society its members live a life not better than animals. The citizens of such state become most horrible creature of the world. These principles save humanity from such alarming degraded condition. Laws are generally the code of standard acceptable moral behavior that everyone has to follow and if he fails to do so, he is punished for his inefficiency in following these laws. These principles are indispensible to make man’s nature right. Without principles man tends to be immoral and at the same time presence of principles provide an opportunity to develop man’s virtuous nature. For this, people should acknowledge the importance of these laws. The first and the foremost requirement of this acknowledgement is that government and citizens both are subject to these standard acceptable principles or laws. It also demands that thee laws must not be arranged keeping particular groups in mind. In the past were made to support government. And government was considered above these laws. But supremacy of law demands that government is also subject...
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...Cheah Boon Kiat 930228-02-5513 UKT – 02350 / 0414 UKT April Intake 2014 This question requires the discussion of the threats of the rule of and opportunities posed by the rise and fall of the rule of law around the world. As show above, this clearly covers the topic of rule of law in public law. The rule of law is sited by A.V Dicey. According to A.V Dicey, the rule of law is one of the important pillar of the British constitution, with Parliament Sovereignty being the other pillar. This is because the United Kingdom does not have a written constitution. “There are three conception stated by Dicey in accordance to the rule of law. First, no man is punishable or can be lawfully made to suffer in body or goods except a breach of law. This indicates the notion against arbitrariness. Second is that, no man is above the law. This shows that there must be equity upon every person in respect to the law. Lastly which is a general principle that courts are the determine factor of right of private person. This prove that common law courts represents the greatest protection for any individual rights.” According to Hilare Barnett, “the organs of the currently do not exercise the primary function of the others (minister do not have legislative power). It however the interrelation between the organs serves as a check and balance mechanism, where it allows the organs to scrutinize the function of the other.”This in turn uphold the first conception of Dicey, which is to prevent arbitrary...
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...Rule of Law Reading. Parpworth, Constitutional and Administrative Law. Pages 42-44 Bradley and Ewing Constitutional and Administrative Law. Pages 89-101 Another cornerstone of the British constitution is the Rule of Law. This principle is developed from the writings of 19th century writer Dicey who stated that there are three (3) elements to this principle; 1. Nobody should be punished by the state if they had not broken the law 2. One law should govern everyone – citizens and state officials 3. Rights of individuals should not be secured in a written constitution but by the decisions of judges in ordinary law Today the importance of the concept of rule of law is combination of these three (3) elements forming the principle that the state may use its powers only according to agreed rules. Membership of the European Union and the introduction of Acts such as the Human Rights Act have sought to extend and preserve these principles. The one of the result of the Human Rights Act 1998 is that Government actions are potentially subject to more judicial review than previously. The actions of the Government and the judicial response to the perceived terrorist threats are a good example of this. ) A v Secretary of State for the Home Department [2005] UKSIAC 1/2002 Lord Steyn has stated that the decision in this case ‘goes to the very heart of our democracy’ and ‘anchors our constitutional system on the rule of law’ Lord Nicholls stated that ‘indefinite...
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...Charlie Mate The first set laws in history can be dated back to the code of Hammurabi and the Magna Carta. These laws set up an established government, created laws, and gave the people rules to live by. In same ways we still follow this justice system today. The Code of Hammurabi and the Magna Carta share the same principles but are different in many ways. The Code of Hammurabi brings the iron fist down on the people. When on the other hand the Manga Carter’s gives power to the people. These documents shaped the way our government is today. Hammurabi’s code is a set of laws created to keep “peace” throughout the Babylon ages. This differs from the other set of laws called Magna Carta, which is the more modernized set of laws that are more understanding and fair to the people. The Hammurabi Code and Magna Carter’s laws have greatly affected the people of their time. The Hammurabi Code Originated in Mesopotamia the land between the Tigres and Euphrates River. Hammurabi was a son God named Sun Shumesh. It was written in stone in 700 BC. The code was created so that if people did negative things they would be punished rather than thinking they can get away with it. False accusation is the first code of law. If you steal you will be put to death and if someone stole goods from you the whole community has to give back what was stolen (Allen & Hall, 2015p.115) The Magna Carta originated because of negotiation between the people and the king. The people were sick of...
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...The Rule of law is possibly the most fundamental proposition in law. In Australian public law, the rule of law operates as an underlying principle of legality that constrains government action. The rule of law is based on the simple premise that the law rules government, in that the law is one method of government that rules all the others. However, this idea is neither as black and white nor as clear as it may seem. In order to understand it further, the initial step would be to explore what function the rule of law serves. In its most basic form, the rule of law is the principle that no one is above the law. This basic idea was well expounded by Oxford Scholar, Albert Venn Dicey, at the end of the 19th century. Dicey developed a three-part definition. Firstly, he sated that it means the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power. Secondly, it means equality before the law and thirdly, that the law of the constitution are not the source, but the consequence of the rights of individuals, as defined and enforced by the courts . Ultimately, based on Dicey’s definition, the rule of law serves the function of providing the most secure means of protecting each citizen from the arbitrary will of every other. The law forms...
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...1. Define the rule of law. How does the rule of law differ from law as the command of the state? Explain why the rule of law is “an ideal rather than a complete fact.” The rule of law means that people are not arbitrary will of others. The rule of law means that individuals can engage in activities that others might disapprove or frown upon on without any fear of persecution. The rule of law differs in America to a great extend because everyone in society including those with political power are subjected to the government and the government is legitimately and democratically elected. The rule of law is an ideal rather than a fact because individually even the most democratic nations have special interest groups that persuade the lawmakers for their own benefit at the expense of other groups. The rule of law is an ideal consider around the globe, it mainly settles within the United Nations and Unions as means of a common law among the nations. 2. A Newsweek article on business ethics concludes, “Even in today’s complex world, knowing what’s right is comparatively easy. It’s doing what’s right that’s hard.” Explain why this statement may be true in modern corporate decision making. This statements it is true to modern corporate decision making when we apply it to the profits and benefits corporations are making out of unethical procedures and day to day decision making. Perhaps the right way of conducting corporate decisions may not be the fastest way of obtaining profits...
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...The Rule of Law in Zimbabwe Robert Mugabe was elected into power in Zimbabwe in 1980, the year Zimbabwe was granted independence from Britain. “Unfortunately, what has happened since 2001 is a complete collapse of the rule of law, and it simply has been replaced by this dictatorial regime of Robert Mugabe," says Mark Ellis, the executive director of the International Bar Association. Once considered Africa’s most sophisticated and developing legal communities, political turmoil in turn caused lawyers and judges to flee the country. The country's prisons swelled and the pre-trial detention population reached great heights .Torture became widely accepted as a legitimate tool for police investigation and judicial processes. A total system collapse resulted in a humanitarian for Zimbabwe. In 2001 the International Bar associated sent lawyers to speak with President Robert Mugabe and government officials. This was because a spate in violence had erupted and there were complaints of harassment and the Rule of Law slowly becoming “Mugabe’s Law”. The IBA heard that judges were being intimidated and sometimes forced to retire, court orders weren’t being enforced by the police or government, journalists had been arrested, jailed and tortured, there were bans on the media, strikes and protests were outlawed, and the military and Central Intelligence Organisation (CIO) were given rights to arrest and detain civilians. At least two journalists have been charged under the Law and Order...
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...the basic principles of the English Constitution is the rule of law. This doctrine is accepted in the US and Indian Constitution. The entire basis of administrative law is the doctrine of the Law. Sir Edward Coke, Chief Justice in James I’s reign, was the originator of this concept. In a battle against the King, he maintained successfully that the King should be under God and the Law, and he established the supremacy of the law against the executive. Dicey developed this theory of Coke in his classic work. The Law and Constitution published in the year 1885. Rule of Law embodies the doctrine of supremacy of law. It is a basic and fundamental necessity for a disciplined and organized community. Rule of Law, said Dicey in 1885, means “the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power...
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...Rule of Law Paper Currently computer use has become a day-to-day activity for students, professionals, universities, teachers, bankers, in entertainment, in medical business, and in organizations. As any other mechanism, the computer has two ways of operation. One use is good and essential, while the other is bad and unnecessary. Whenever a new machine is invented, many people use it for the wrong purpose unintentionally and so to make them conscious of their wrong use and to make them use the machine for its appropriate uses, laws are formulated and implemented. For the computer, cyber law was implemented to regulate cybercrime and inform people on the different types of computer uses that are viewed as legal and as crimes. One of the most commonly violated cyber law is the United States anti- cyber-stalking law, which is found at section 223 of the United States constitution stipulated for the cyberstalking crime. The anti-cyber-stalking law according to Hitchcock (2006) defines a cyber stalker as a person who intentionally, cruelly, and continuously harasses another person through the internet with the intention to make the person fear for his or her safety or the safety of other people who are closely connected to the victim. Additionally, a cyberstalker maybe an online stranger or a person known to the victim and may involve other people online who are not in any way connected to the victim. Lawfully, cyberstalking is considered as a criminal offense that is moderated through...
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...The rule of Law establishes the way Australia is governed. The law should be applied to all people equally and fairly, no matter what race, gender or age. Within Australia people have the right to a fair trial and are judged by their peers. They also have the right to be told what the law means so that it is certain and clear for all people equally no matter their cultural background, religious or economic status. In Australia the rule of law allows all people to have independent legal advice and to be presumed innocent and to have a fair and public trial. Within society, all people should be treated with respect and dignity and all states must follow their legal obligations. In the Bernard Finnigan case there were several aspects of the Rule of Law that were upheld. Finnigan was clear and certain as to what the law meant and would have known that he was committing an offence. Although in court his defense lawyer, Michael Abbott was suggesting that Finnigan wasn’t deliberately searching for the illegal content. It was clear in the article that the law was...
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...Difference Between Rules and Laws • Categorized under Grammar,Language | Difference Between Rules and Laws Rules vs Laws The main difference between rules and laws is the consequences associated with breaking them. While each is developed to invoke a sense of order, fair play, and safety, the weight of a law is much heavier than the weight of a rule. Laws are like the legal version of rules. When you are a child, a parent sets rules to be followed. When you are in a society, the government sets laws to be followed. When a rule is broken, the consequences tend to be uncomfortable but mild in comparison to the breaking of a law. Laws are enforced by a higher governmental office, usually the police and the prosecutor’s office. Laws are written in specific code so that they can be interpreted as needed. When you break a law there is legal action that follows, provided that you are caught. Rules are more flexible and carry low end consequences. You can set up rules for games, rules for the home, even rules for fighting or being intimate with a partner. Rules are personal in nature, and they are often adjusted as the conditions and circumstances of the home change. Laws must be passed through due process in order to take effect. A law starts off as a bill, and must go through a series of checks, balances, and votes in order to become a law. Rules are merely set and adjusted as the need arises, and should be followed out of respect for those setting the rules. Rules help us learn...
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...BAB I KONSTITUSI I. Pengertian Konstitusi Konstitusi berasal dari bahasa Prancis (constituer) yang berarti membentuk. Pemakaian istilah konstitusi yang dimaksudkan adalah pembentukan suatu negara atau menyusun dan menyatakan suatu negara. Di negara negara yang menggunakan bahasa Inggris sebagai bahasa nasional, dipakai istilah Constitution yang dalam bahasa Indonesia disebut konstitusi. Pengertian konstitusi dalam praktik dapat berarti lebih luas daripada pengertian Undang-Undang Dasar tetapi ada juga yang menyamakan dengan pengertian Undang-Undang Dasar. Bagi para sarjana ilmu politik istilah Constitution merupakan sesuatu yang lebih luas yaitu keseluruhan dati peraturan-peraturan baik yang tertulis maupun tidak tertulis yang mengatur secara mengikat cara-cara bagaimana sesuatu pemerintahan diselenggarakan dalam suatu masyarakat. Konstitusi dalam dunia politik sering digunakan paling tidak dalam dua pengertian, sebagaimana dikemukakan oleh K.C Wheare dalam bukunya Modern Constitution: Pertama dipergunakan dalam arti luas yaitu sistem pemerintahan ari suatu negara dan merupakan himpunan peraturan yang mendasari serta mengatur pemerintahan dalam menyelenggarakan tugas-tugasnya sebagai sistem pemerintahan didalamnya terdapat campuran tata peraturan baik yang bersifat legal maupun yang non legal atau ekstra legal. Kedua, pengertian dalam arti sempit yakni sekumpulan peraturan yang legal dalam lapangan ketatanegaraan suatu negara yang dimuat dalam suatu dokumen atau beberapa...
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...AL-HELAL Course Title: Administrative Law Class Roll: ZH-26, 4th Batch, 5th Semester Dept. of Public Administration, University of Dhaka. Cell : 01924202090, E-mail : helal_pad_du@yahoo.com RULE OF LAW IN BANGLADESH: AN OVERVIEW ABSTRACT: "No free man shall be taken or imprison or disseized or exiled or in any way destroyed nor will we go or send for him, except under a lawful judgment of his peers and by the law of the land". --MAGNA CARTA This paper is a presentation of the concept of rule of law, Dicey's theory of 'Rule of Law', rule of law in true and modern sense and rule of law in Bangladesh. In Bangladesh context I have discussed the provisions for ensuring rule of law in Bangladesh constitution. I also have discussed the provisions of the constitution, which are contrary to the concept of rule of law in Bangladesh. It has been also identified the difficulties of application of rule of law in Bangladesh. INTRODUCTION One of the basic principles of the English constitution is the rule of law. This doctrine is accepted in the constitution of U.S.A. and also in the constitution of Bangladesh. Now a days rule of law is one of the most discussed subjects of developing countries. Developed countries and donor agencies always instruct the developing countries for sustainable development and good governance. Actually sustainable development and good governance mostly depends on the proper application of rule of law. Laws are made for the welfare of the people...
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...BSAD 341: BUSINESS LAW Semester: Fall 2011 Assignment # 2 - Case Study - Contract Law The Postal rule is an exception to the general rule of contract law in regard to the acceptance, which states that “acceptance in not effective until communicated to and received by the offeror”. The postal rule states that, by contrast, that acceptance takes effect when a letter is posted. The rationale given for the rule is that both parties nominates the post office as implied agent and therefore receipt of the acceptance by the post office is regarded as that of the offeree. The main drawback of the postal rule is that the risk of the acceptance being delivered late or lost in the post is placed upon the offeror. Thus acceptance is effective even when the letter is lost in the post. However, if the letter is lost or delayed in the post because the offeree has addressed it incorrectly the “postal rule” will not apply. To minimize the risk, the offeror can require actual receipt as a condition before being legally bound. The postal rule applies only to acceptance. Revocation is ineffective until communicated to the offeree, hence revocation by post is ineffective until the letter is actually received by the offeree. The implication of this is that it is possible for a letter of acceptance to be posted after a letter of revocation of the offer has been posted but before it is delivered, and acceptance will be complete at the time that the letter of acceptance was posted – which would...
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...ENVIRONMENTAL HEALTH LAW 265 Semester 1 2015 Additional Information 4 step examples of Statutory Interpretation Question Assume that research has shown that a person using a mobile phone while driving has a 25% higher chance of having a road accident. The W.A Parliament passes a law called the Use of Mobile Phones and Other Electronic Devices Act 2013 W.A. Section 14 of the Act says: Section 14. ‘No person shall talk on a mobile phone when driving a motorcar, truck, motorcycle or similar vehicle’ Django is charged with a breach of section 14. While riding his bicycle to university one day he was listening to his girlfriend who had rung him on his mobile phone to tell him about her day. He argues: 1. He was not talking on his mobile phone 2. He is not driving a motorcar, truck, motorcycle or similar vehicle Using the rules of statutory interpretation and the four-step process, explain to Django whether he is breach of section 14 by discussing each of his arguments in turn. Step 1 Area of Law: Common law rules of statutory interpretation Step 2 Principles of Law: Students should discuss: Literal approach – define it. IRC v Hinchy and other cases Golden Rule – define it Alder v George and other cases Mischief rule – define it Smith v Hughes and other cases The Ejusdem Generis rule-define it Hy Whittle Ltd v Stalybridge Corp and other cases Step 3 Application of the Law: If the literal rule was applied, this would be the answer If the golden rule was applied,...
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