Get help with writing. Judges should be the sole voice in the length and type of punishment, they should also receive extra opinions from other judges for a essay on rule of law fair outcome. Thinking not of substantive rights as it can be repealed such as the Bill of Rights, Dicey thought about procedural rights of freedom of speech and expression in ordinary courts where free speech ought to be present at the time of making common law, essay on rule of law, and in court. Article 20 1 of the Constitution provides that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense not be subject to a penalty greater than that which might have been inflicted tinder the law in for cc at the time of the commission of the offense. Popular Topics. Furthermore this also means that those in power will abide by the rulings of the courts.
Rule Of Law: The Rule Of Law Of Bangladesh
Any subject. Any type of essay. The idea of Rule of Law is one of the integral building blocks of a Modern democratic society. Furthermore, the laws are made for the welfare of the people to maintain peace and harmony between the conflicting forces in society. Moreover, one of the prime objects of making laws is to maintain law and order in society and develop a peaceful environment for the progress of the people. Thus the concept of Rule of Law plays an important role in this process. Rule of law is of old origin and is an ancient ideal. As discussed by ancient Greek philosophers such as Plato and Aristotle around BC, essay on rule of law. In a much broader sense, Rule of Law means that Law is supreme and is above every individual.
On the contrary, the idea of rule of law stresses the procedure established by law, where the government authority essay on rule of law only be exercised in consonance to written laws. Moreover, no individual is above the law and should abide by it. The core principle of Rule of Law is aimed at ensuring safeguard against arbitrary actions of the government authorities. Furthermore, the idea of Rule of law has been described as a rare and protean principle of our political tradition, essay on rule of law. More importantly, the term Rule of Law does not provide anything about how the laws are to be formulated or anything specific like the Fundamental Rights or the Directive principles or equality.
Moreover, essay on rule of law, it provides for two basic concepts that are Law must be obeyed by the people and that the law must be made in such a way that it is able to guide the behavior of its subjects. Different legal theorists have different essay on rule of law towards the concept of Rule of Law. The Doctrine of the Rule of Law is also considered as the basis of administrative law. It was expounded Sir Edward Coke and was further developed by Prof. According to A V Dicey, Rule of Law comprises essay on rule of law principles. The Doctrine of the Rule of Law can be divided into two categories.
Firstly, where the law should conform to standards designed to moreover enabling effectiveness in order to guide action. Secondly, the various legal machinery of enforcing the law should not deprive it of its ability to guide through distorted enforcement and should supervise conformity to the rule of law and moreover provide effective remedies in cases of deviation from it. Certain principles of the doctrine are as follows: Laws must be prospective, open, and clear. One cannot be guided by a retroactive law More so, as it does not exist at the time of action. Sometimes it is then known for certain that a retroactive law will be enacted.
When this happens retroactivity does not conflict with the rule of law. Furthermore, laws must be open and effectively adequately publicized. More importantly, if it is to guide people they must be able to find out what it is. Furthermore, laws must be clear. An ambiguous, vague, obscure, or imprecise law is likely to mislead or confuse at least some of those who desire to be guided by it, essay on rule of law. Laws should be relatively stable. Laws should not be changed too often. On the contrary, essay on rule of law, if they are frequently changed people will find it difficult to find out what the law is at any given moment and will be constantly in fear that the law has been changed since they last learned what it was.
To further add stability is essential if people are to be guided by law in their long-term decisions. Making of Laws The Laws formulated should be in the interest of the Public and should conform to the ideas of equality. Independence of the judiciary The independence of the judiciary must be guaranteed. The rules concerning the independence of the judiciary, essay on rule of law, the method of appointing judges, their security of tenure, the way of fixing their salaries, and other conditions of service are designed to guarantee that they will be free from extraneous pressures and independent of all authority save that of the law. They are, therefore, essential for the preservation of the rule of law, essay on rule of law. Principles of Natural Justice Laws should allow a free and fair hearing, absence of bias.
Courts having review power Courts should review both subordinate and parliamentary legislation. Moreover, accessibility to courts should be of paramount importance. Moving on The doctrine of Rule of Law has been adopted in the Indian Constitution. The ideals of the Constitution, justice. liberty and equality are enshrined in the preamble. The Constitution of India is the supreme law of the country and other laws are to be required in conformity with the Constitution. Furthermore, any law which is in violation of any provision of the Constitution is declared invalid. Part III of the Constitution of India guarantees the Fundamental Rights. To further add, Article 13 l of the Constitution makes it clear that all laws in force in the territory of India immediately before the commencement of the Constitution, in so far as they are inconsistent with the provision of Part III dealing with the Fundamental Rights, shall, to the extent of such inconsistency, be void.
Moreover, Article 13 2 provides that the State should not make any law which takes away or abridges the fundamental rights and any law made in contravention of this clause shall, to the extent of the contravention, be void. The Constitution of India guarantees equality before the law and equal protection of laws. Article 21 guarantees the right to life and personal liberty. It provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Article 19 1 a guarantees the third principle of rule of law being freedom of speech and expression. Moreover, Article 19 guarantees six Fundamental Freedoms to the citizens of India. However, the rights under these freedoms are not absolute but subject to the reasonable restrictions which may be imposed by the State, under Article 19 2 of the Constitution.
Article 20 1 of the Constitution provides that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense not be subject to a penalty greater than that which might have been inflicted tinder the law in for cc at the time of the commission of the offense. According to Article 20 2no person shall be prosecuted and punished for the same offense more than once. More so, Article 20 3 makes it clear that no person accused of the offense shall be compelled to be a witness against himself. In India, essay on rule of law, the meaning of rule of law has been much expanded. It is now regarded as a part of the basic essay on rule of law of the Constitution and, therefore, it cannot be abrogated or destroyed even by Parliament.
It is also regarded as a part of natural justice. In Kesavanda Bharti vs. the State of Kerala,[1] The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure. Furthermore in Menaka Gandhi vs. Union of India,[2] The Supreme Court declared that Article 14 strikes against arbitrariness. In Indira Gandhi Nehru vs. Raj Narayan,[3] Article A was inserted in the Constitution under the 39th amendment, which provided certain immunities to the election of office of Prime Minister from judicial review, essay on rule of law.
The Supreme Court declared Article A essay on rule of law invalid since it abridges the basic structure of the Constitution. In Raman Dayaram Shetty v. International Airport Authority of India[4], the Supreme Court held that the great purpose of rule of law is the protection of the individual against arbitrary exercise of power, wherever it is found. M Jabalpur vs. A large number of persons was arrested under the Maintenance of Internal Security Act. Following the proclamation of emergency, essay on rule of law.
It was however in this case the court held Article 21 is our rule of law. If it is suspended, there is no rule of law. The majority judgment held that the Constitution is the mandate and the rule of law. Furthermore, in Sheela Barse v. State of Maharashtra [6], the Supreme Court held that on fairness to women in police lock-up and also drafted a code of guidelines for the protection of prisoners in police custody, especially female prisoners. Furthermore in Veena Sethi v. State of Bihar [7] also the Supreme Court extended the reach of rule of law to the poor who constitute the bulk of India essay on rule of law ruling that rule of law does not merely for those who have the means to fight for their rights and expanded the locus standi principle to help the poor.
Remember: This is just a sample from a fellow student. Starting from 3 hours delivery. Sorry, copying is not allowed on our website. We will occasionally send you account related emails. This essay is not unique. Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper. Want us to write one just for you? We use cookies to personalyze your web-site experience. This essay essay on rule of law been submitted by a student. This is not an example of the work written by professional essay writers. Get help with writing. Pssst… we can write an original essay just for you. Your time is important. Get essay help. Related Essays The Enshrinement of Federalism in the Constitution Essay.
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To further add, Article 13 l of the Constitution makes it clear that all laws in force in the territory of India immediately before the commencement of the Constitution, in so far as they are inconsistent with the provision of Part III dealing with the Fundamental Rights, shall, to the extent of such inconsistency, be void. Moreover, Article 13 2 provides that the State should not make any law which takes away or abridges the fundamental rights and any law made in contravention of this clause shall, to the extent of the contravention, be void. The Constitution of India guarantees equality before the law and equal protection of laws.
Article 21 guarantees the right to life and personal liberty. It provides that no person shall be deprived of his life or personal liberty except according to the procedure established by law. Article 19 1 a guarantees the third principle of rule of law being freedom of speech and expression. Moreover, Article 19 guarantees six Fundamental Freedoms to the citizens of India. However, the rights under these freedoms are not absolute but subject to the reasonable restrictions which may be imposed by the State, under Article 19 2 of the Constitution. Article 20 1 of the Constitution provides that no person shall be convicted of any offense except for violation of a law in force at the time of the commission of the act charged as an offense not be subject to a penalty greater than that which might have been inflicted tinder the law in for cc at the time of the commission of the offense.
According to Article 20 2 , no person shall be prosecuted and punished for the same offense more than once. More so, Article 20 3 makes it clear that no person accused of the offense shall be compelled to be a witness against himself. In India, the meaning of rule of law has been much expanded. It is now regarded as a part of the basic structure of the Constitution and, therefore, it cannot be abrogated or destroyed even by Parliament. It is also regarded as a part of natural justice. In Kesavanda Bharti vs. the State of Kerala,[1] The Supreme Court enunciated the rule of law as one of the most important aspects of the doctrine of basic structure.
Furthermore in Menaka Gandhi vs. Union of India,[2] The Supreme Court declared that Article 14 strikes against arbitrariness. In Indira Gandhi Nehru vs. Raj Narayan,[3] Article A was inserted in the Constitution under the 39th amendment, which provided certain immunities to the election of office of Prime Minister from judicial review. The Supreme Court declared Article A as invalid since it abridges the basic structure of the Constitution. In Raman Dayaram Shetty v. International Airport Authority of India[4], the Supreme Court held that the great purpose of rule of law is the protection of the individual against arbitrary exercise of power, wherever it is found. M Jabalpur vs. A large number of persons was arrested under the Maintenance of Internal Security Act.
Following the proclamation of emergency. It was however in this case the court held Article 21 is our rule of law. If it is suspended, there is no rule of law. The majority judgment held that the Constitution is the mandate and the rule of law. Furthermore, in Sheela Barse v. State of Maharashtra [6], the Supreme Court held that on fairness to women in police lock-up and also drafted a code of guidelines for the protection of prisoners in police custody, especially female prisoners. Furthermore in Veena Sethi v. State of Bihar [7] also the Supreme Court extended the reach of rule of law to the poor who constitute the bulk of India by ruling that rule of law does not merely for those who have the means to fight for their rights and expanded the locus standi principle to help the poor.
Remember: This is just a sample from a fellow student. Starting from 3 hours delivery. Sorry, copying is not allowed on our website. We will occasionally send you account related emails. This essay is not unique. Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper. Want us to write one just for you? We use cookies to personalyze your web-site experience. This essay has been submitted by a student. This is not an example of the work written by professional essay writers. Get help with writing. Pssst… we can write an original essay just for you. Your time is important. Get essay help. Related Essays The Enshrinement of Federalism in the Constitution Essay.
An Opinion on the Interpretation of the Constitution Essay. Human rights in the UK's constitution Essay. An "Unwritten Constitution" Essay. The Bahamas constitution review for the election Essay. Proposed federal system of government in the Philippines Essay. The original Constitution of the Land Essay. Statutory Interoperation Essay. The Fourth Amendment Essay. Find Free Essays We provide you with original essay samples, perfect formatting and styling. Cite this Essay To export a reference to this article please select a referencing style below: APA MLA Harvard Vancouver The of Rule of Law. The of Rule of Law. The of Rule of Law [Internet]. The rule of law is linked to the principle of justice, meaning that everyone within a society including both private citizens and government officials are subject to the law, and that those laws are administered fairly and justly.
The intention of the rule of law is to protect against arbitrary governance. It is the basic underpinning. nature of law in order to reveal its functions in the organizations of power and to undermine the pervasive legitimating ideology in modern industrial societies known as the Rule of Law. This may not always be beneficial for the whole but as an inevitable reality, order tends to not exist in poverty and economic decline. The rule of laws origins. The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered.
Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators Slapper and Kelly, , p16 , although there are common themes that. The Rule of Law The United Kingdomis generally regarded as a country that has a tradition of respect for the rule of law. In general terms this means that there is a historical tradition of public bodies providing a specific legal justification for their actions, and of the courts adjudicating impartially on disputes between citizens and on disputes between citizens and the state.
Furthermore this also means that those in power will abide by the rulings of the courts. However adherence to. The principle of rule of law is traditionally associated with liberal democratic ideals. It implies a particular relationship between individuals and the state, the essence of which is protection of individual rights by limitations on arbitrary state power. Such limitations are enshrined in the law and in legal institutions. This notion makes no sense in traditional communist ideology: law is a weapon of the state to use in exercising.
The Rule of Law means that the state should govern its citizens, in a way which works with the rules that have been agreed on. The Rule of Law is simply a fundamental principle of our constitution. Britain and other Western democracies are different in that Britain has an unwritten constitution, meaning that our constitution is not found in a certain document but that we actually have a constitution from the rules about who governs it, and about the powers they entail and how that power can be passed. Founding Fathers want the United States to be governed by the rule of law, instead of men? And, how does that make us different from other countries? The rule of law also requires that the same law govern all citizens.
Why is the concept of the rule of law an important aspect within society to have an integral understanding of? The rule of law is a facet of our society that affects and serves our lives on a daily basis because rules and laws dictate the underlying basis of our social interactions. One basic understanding of the idea of the rule of law is that society should be ruled by law, and not by men. At perhaps the most rudimentary level, the rule of law has been used to explain a type of governance that. Home Page Rule Of Law. Free Rule Of Law Essays and Papers. Sort By: Most Relevant Highest Grade.
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