Understanding the Rule of Law
Generally, law is the framework for a society’s constitution, laws and regulations. It entails the separation of powers, case law, human rights, constitutional principles, generality, and statutes.
Principles of the Rule of Law
Despite its ancient origins, the Rule of Law has a relatively modern history. In ancient Greek philosophy, Aristotle defined it as “government by law.” In the Renaissance and early modern periods, writers such as Niccolo Machiavelli and John Locke advanced theories of legality and the rule of law.
In the United States, the Rule of Law was enshrined in the American constitution. Several seminal writings on the subject were published during the late 19th and early 20th centuries.
Constitutions
Almost all democratic governments have a written constitution. Constitutions are not static, however. They are constantly amended in order to meet the needs of a modern society.
The Constitution of the United States has been a central document in American history. It drew from a variety of sources. During its debate, two factions emerged. The Federalists supported adoption of the Constitution, while the Anti-Federalists opposed it.
Statutes
Generally, a statute is a written law enacted by a legislative body. They can also be administrative regulations. However, not all legal issues are governed by statutes. Usually, a statute imposes duties and establishes criminal penalties. Moreover, substantive provisions grant rights to a class of persons.
Typically, a statute establishes a mandate for a Federal agency. It also imposes an obligation on a Federal agency to enforce its mandate. It may also provide for the creation of a governmental unit.
Regulations
Generally speaking, the aforementioned acronym is not a bad place to start. While most federal agencies are a bit more cagey about what they’re looking for, they’ll be more than willing to make an exception if you’re a big wig at the table. You’re also likely to be treated with the utmost respect.
Case law
Using case law is an important part of any attorney’s practice. Case law is the body of judicial decisions and precedents. The judicial system uses these to guide the judges in determining issues.
There are several sources to find case law. Some sources are legal textbooks, while others are secondary sources. Secondary sources usually discuss cases and give reasons why the judge decided a certain way. They also list references to other academic articles that are related to the case.
Human rights
Historically, human rights are the ideas and practices of justice, fairness, equality, and protection. They are rooted in human civilization and the norms of law.
Human rights are an important part of international law. The United Nations and international organizations are responsible for protecting human rights. In the United States, laws and constitutional amendments protect human rights.
Generality
Using the term ‘law’ to mean a set of rules and regulations, many authors have opined. Law can be a complex social artefact that can be used for a variety of purposes. Law can be an instrument of social change, and it can be a measure of discretionary power.
Separation of powers
Basically, separation of powers is the concept that the government of a nation is divided into three branches, namely, the executive, judicial, and legislative branches. Unlike other forms of government, these three branches have distinct powers and functions. Each branch exercises its own powers in order to accomplish the goals of the government.