A Comprehensive Review and Tips to Write Rule of Law Assignment
The “RULE OF LAW” is manhood’s highest law. All other laws are subject to the “rule of law,” which the “rule of law” cannot dispute. This is the most fundamental of all laws, proving mankind’s greatest rational achievement.
The “rule of law” is a selfless reality that allows the world’s most treacherous enemies to coexist in peace and harmony, collaborating for shared egotism and progress.
If you cannot understand the Rule of law, law essay help providers will assist you with the basic knowledge about the same.
Origin of Rule of law
The Rule of law is an ancient concept debated circa 350 BC by Ancient Greek truth-seekers such as Plato and Aristotle. Until then, many writers, philosophers, and others had absorbed the Rule of law’s vision.
Later, in 1885, Victorian Age Professor A. V. Dicey is credited with disseminating the Rule of law in his treatise ‘THE LAW OF THE CONSTITUTION,’ and his proposals are still debated as essential rules of the law.
The Rule of law has travelled to extremes, and everything has changed with time; now, the most important question is whether the Rule of law is sufficient to tackle all of our pressing challenges in the twenty-first century.
In the 18th century, the fundamental concept of the Rule of law is still upended, but time has changed a lot, as has society and its atmosphere. It is dangerous to weigh the changes and even more difficult to impose new norms respecting the necessity of civilizations.
What are law and its importance?
Law is a broad phrase that can be used to describe various things. Different people have different interpretations of the law. In its broadest meaning, the law refers to a set of behaviour rules that apply to all types of actions, whether alive or dead, logical or illogical.
In a more limited sense, law denotes the Rule of human exploit or behaviour rather than activities in general. Finally, the law is a set of standards and parameters usually imposed by a set of institutions or a sovereign body to ensure ordered synchrony.
- Law serves several important functions.
- Law not only maintains order but also makes it possible.
- The Rule of law aids the fundamental tenets of a democratic radical system.
- The main kind of fortification against dictatorship is law, which places significant restrictions on the implementation of influence by partisan management.
- The law establishes the framework for classifying human rights and protecting them.
- Law distributes authority while also governing the use of control.
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Rule of law
“RULE OF LAW” is known as “supremacy of law,” which indicates law’s superiority among others and applies to all.
No one is above or beyond the law, and no one should award segregation to the application of the law. The aim of “the rule of law” is to reduce conflict. The Rule of law has made it possible for people to live in harmony and interact by reducing conflict.
The definition of the Rule of law is based on ancient and modern writers, philosophers, and jurists’ common themes, and it follows the ideal features of how a society should be governed under the Rule of law.
The ancient concept of Rule of Law
Different people have understood the ancient concept of the Rule of law, whether through philosophical or political perspectives. Moreover, diverse philosophers of contemporary times, including Aristotle, Karl Marx, and A.V. Dicey, have gradually expanded the concept differently.
Professor A. V. Dicey of the Victorian era popularises the Rule of law in “THE LAW OF THE CONSTITUTION (1885)” essay. Hence we are using his proposal as the foundation.
The Rule of law, according to Dicey, has three meanings:
- First, no punishment will be imposed until there has been a violation of the law.
- Everyone is treated equally under the law, regardless of rank or status.
- Why The common law provides the finest protection for rights and liberties?
The ancient Rule of law in today’s world
Linking Dicean’s theory to the modern world does not make sense. There is no doubt that Dicey’s viewpoint makes a worthwhile conclusion about what the gratified of law should be, but it is no longer relevant in today’s perspective for a variety of reasons.
Dicey’s first Rule of law theory
Dicey argued, first and foremost, that entities should not be subject to varying discretionary powers. In other words, unless he broke the law, no one could be penalized or lawfully hampered by the governing classes. So, laws must be broken before breaking any law, and all administrative exploits must be clearly defined by law.
The second theory of Rule of law of Dicey
Secondly, no matter how compelling Dicey’s notion of equality before the law appears in principle, there are understandable exceptions to it in practice. According to Dicey, no one is above the law, and everyone is subject to the ordinary rules of the land, regardless of rank. Nonetheless, Dicey believes that equality requires a single law that applies to everyone, but he agrees that all people have equal supremacies and civil rights.
Dicey’s third theory of Rule of law
Finally, a bill of rights is unnecessary because the constituents’ diverse views result from judicial rulings establishing private person privileges. According to an outdated viewpoint, citizens are free to do whatever they choose as long as they don’t break the law.
Now, the tips of writing the Rule of law
Legal writing can be written in different ways. You’ll find a variety of techniques for legal writing, which I’ve found to be helpful in this section. Take everything with a pinch of salt.
- The Rule must be the first sentence of the subsection’s first paragraph.
- You can now easily identify the Rule.
First and foremost, the Macro-Rule governs the bigger issue you are addressing—the issue you mentioned in your Issue Statement. In your Umbrella paragraph, you mentioned this Macro-Rule briefly. However, the broader Rule governs the domain of law.
- Don’t exaggerate or undermine the Rule.
Overstating the law is one of the most typical errors for legal writers. If your overall test is a balancing test with no single sub-issue that is determinative, for example, state, “The court will assess whether the plaintiff…….”
- Always cite statutory right to back up your regulation.
Your Rule may as well be your Rule rather than the Rule of law if you don’t cite some form of legal authority. Citing case law ensures the reader that you are not simply making things up, as some lawyers do.
“RULE OF LAW” discusses the entity’s facets, ethics, and dogmas in some form, with a list of connoisseurs enlightening the concept back in the day. The fact that the law is written down does not guarantee that there will be no controversies in the future. We can reply no for our applicable conclusion because Dicey’s theory funded the present termination.
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