The Rule of Law is an important part of society. There are many aspects of the Rule of Law that can be discussed, including its function and formal elements. The Rule of Law is an important part of people’s access to justice. Nevertheless, the nature of the Rule of Law is changing, and this article looks at some of the issues that affect the Rule of Law in our modern world.
Rule of law
Rule of law is the political philosophy that holds all citizens and institutions accountable to the same set of laws. Whether they are leaders or lawmakers, the rule of law means that no one is above the law. This principle applies to both local and global governments. Hence, a country governed by rule of law is a more stable and peaceful one.
The idea of rule of law is fundamental to a free society. It supports the equality of citizens before the law, and the equal treatment of citizens. It also aims to prevent arbitrary power and use of power. It is an ideal that many countries strive to adopt and uphold.
A law is a collection of norms, elicitations, coercions, and other elements. These elements reveal the function and purpose of the law in a society. Although these elements vary depending on the social condition, there are commonalities among all laws. One of these is the need to be complete and comprehensible.
Other features of law include its legitimacy and its legislative autonomy. Its source-oriented nature is another way to assess its formality. A system with high continuity formality is one that has a relatively low likelihood of substantive change.
Law has many functions and must be considered from a number of perspectives. The first is to provide protection and regulation of society. The second is to provide facilities for private arrangements and transactions. Lastly, it is the responsibility of the state to ensure that laws adhere to certain general principles. In addition to its broad functions, law also regulates the behavior of government officials and other institutions.
The third function of law is to resolve disputes between people and regulate the behavior in contractual relationships. Contract law, for example, aims to set out the rights of the parties in a contract. In addition, common-law serves the larger social purpose of preventing a few wealthy people from controlling the limited resources available to the rest of society.
Changing nature of the Rule of Law
The Rule of Law has always been a significant political ideal, but it has changed over the centuries. The concept of the rule of law has two main components: procedural and substantive ideals. The former deals with the process of determining norms and institutions. Substantive ideals are more controversial.
A requirement for general laws is a formal requirement, but in many cases this does not guarantee justice. Even if a law requires that persons of African descent sit in the back, it does not mean that it applies to all people of that race. In other words, a formal requirement of generality does not guarantee justice, because justice and the Rule of Law are separate.
Impact of Magna Carta on the Rule of Law
The Magna Carta was a key political document that shaped the rule of law in the United Kingdom and English-speaking nations around the world. The document has since become an icon, a symbol of individual freedom, democracy, and individual dignity. It essentially put an end to a time when the ruler of England, King John, was a tyrant, answering to no one and thought himself above the law. He jailed people without trial, and he gave harsh punishments to people for minor offenses.
In 1215, the king of England and the lords of England signed a document called the Magna Carta, a document that declared the king was subject to the laws of the land. The document was written in Medieval Latin and stamped with the king’s seal. It was a lengthy document, and copies were made by monks at the Royal Chancellery and then sent out to the towns of England.