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what is rule of law and the functions?

what is rule of law and the functions?

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Answers (4)

9 months ago
Rule of Law Definition:
That individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals.
The term rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
Perhaps it is easier to see what the rule of law is not .

Rule of law is important because: ... Its supremacy ensures no person can claim to be above law. It ensures adherence of principles of natural justice like: giving reasonable opportunity, impartiality of decision, etc. It leads to fairness, both substantive and procedural.
mizta smart
9 months ago
This concise essay examines multiple
manifest and latent functions of the rule
of law. The rule of law is characterized as
a society in which government officials
and the populace are generally bound by
and abide law. The functions covered
include: personal and collective security
and trust; integration of society; legal
restrictions on officials; liberty and
guiding conduct; economic development;
a pivotal place for legal professionals;
entrenching power structures; normative
commitment and critical standard; and
rhetoric. The discussion raises core issues
about each function.
9 months ago
Rule of law, mechanism, process,
institution, practice, or norm that
supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism, and totalitarianism. Despotic governments include even highly institutionalized forms of rule in which the entity at
the apex of the power structure (such as a king, a junta, or a party
committee) is capable of acting
without the constraint of law when it wishes to do so.
  • Gaby: In general, the rule of law implies that the creation of laws, their enforcement, and the relationships among legal rules are themselves legally regulated, so that no one— including the most highly placed official—is above the law. The legal constraint on rulers means that the government is subject to existing laws as much as its citizens are. Thus, a closely related notion is the idea of equality before the law, which holds that no “legal” person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. In addition, the application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants. In order for those ideas to have any real purchase, moreover, there should be in place some legal apparatus for compelling officials to submit to the law. Not only does the rule of law entail such basic requirements about how the law should be enacted in society, it also implies certain qualities about the characteristics and content of the laws themselves. In particular, laws should be open and clear, general in form, universal in application, and knowable to all. Moreover, legal requirements must be such that people are able to be guided by them; they must not place undue cognitive or behavioral demands on people to follow. Thus, the law should be relatively stable and comprise determinate requirements that people can consult before acting, and legal obligations should not be retroactively established. Furthermore, the law should remain internally consistent and, failing that, should provide for legal ways to resolve contradictions that can be expected to arise. Despite those basic features, however, there has never been a generally accepted or even systematic formulation of the rule of law (but not for lack of attempts by jurists and political philosophers). The idea that the law should contribute to beneficial ways of channeling and constraining the exercise of public power can be interpreted in different ways; such differences are especially apparent over time and across different polities.
    Like 0    Dislike 0   9 months ago
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