Rule of law - 1448 Words

1.0 Introduction The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from â€Å"rà ¨gle† and law from â€Å"lagu† roughly translating to â€Å"supremacy of law†.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur. The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance with established procedural steps that are referred as to due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader. Thus, the rule of law is hostile both to dictatorship and to anarchy.†¦show more content†¦In a democracy like Mauritius, fundamental rights and freedoms are entrenched in chapter two, sub-sections 3-16 of the constitution. The provisions guaranteeing fundamental rights and freedoms are modeled on the European Convention of Human Rights. The case of DPP V Mootoocarpen ors shows the influence of the European Convention on the Constitutional Law of Mauritius. Great importance has been placed on international conventions and their implementation in order to ensure obedience to a universal standard of acceptability (National Human Rights Commission- NHRC). Another reason for its importance is that the rule of law promotes the expression of a collective will. Law is a means by which the collective will of the people is expressed. Our Constitution enshrines the basic human rights and civil rights that people want protected Another reason for its importance is that the rule of law promotes the expression of a collective will. Law is a means by which the collective will of the people is expressed. Our Constitution enshrines the basic human rights and civil rights that people want protected. The principle of the rule of law is also said to be important as it upholds a monopoly on the legitimate use of force. Democracy depends on an effective state. The Constitution and statutes give the state the monopoly on the use of force. In addition, the adoption of theShow MoreRelatedRule of Law1413 Words   |  6 PagesBasmah Elahi Rule of Law London International Programs, UG Law, Public Law Essay 2. The Rule of Law, enforced by the courts, is the ultimate controlling factor on which our constitution is based. Discuss. The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all, rulers and ruled alike. This in the words of the 19-century constitution expertRead MoreThe Rule of Law990 Words   |  4 PagesThe idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the later was clearly superior to the former. In more recent times, it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. The term ‘rule of law,’ since reformulated by A.V. Dicey in the 19th  century, has traditionally meant to include suchRead MoreExclusionary Rule And The Rule Of Law1385 Words   |  6 PagesExclusionary Rule Many constitutions all over the world provide basis for innocence until proven guilty. As such, the courts of law must always factor in the provisions of criminal procedure and natural justice when cross-examining offenders. In light of this, the exclusionary rule allows a defendant to argue his case if his privacy rights were violated before arraigned in court. In essence, the provisions of the exclusionary rule prevent the government authorities and machinery such as FBI and CIARead MoreThe Rule Of Law And The Law Of The Land1693 Words   |  7 Pagesresearch. I had a rough time determining if I should define the RULE of LAW or look at its history and how it was developed through our constitution to the laws that govern us today. After all the supremacy clause in our Constitution says â€Å"This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land.† After going to many websites researching a definitionRead MoreApplication Of Rule Of Law Essay1571 Words   |  7 PagesTHEORETICAL APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the governmentbut that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are writtenRead MoreRule of Law in the Constitution1448 Words   |  6 Pagesof a legal framework supporting the rule of law, which is ultimately, an ideology. Analogically, the circumstances in which the application of the rule of law has either created a free society or undermined it will be explored and its purposes thus inferred to construct a definition of the ‘rule of law’ reflecting contemporary standards. However, Dicey’s classical definition will be used as a guide to understanding the current position of the rule of law. Briefly, Dicey’s definition comprisesRead MoreApplication Of Rule Of Law Essay1583 Words   |  7 Pages APPLICATION OF RULE OF LAW IN INDIA The common law system of justice delivery has been adopted by India which owes its origins to British jurisprudence, the basis of which is the rule of law. According to Dicey, the Englishman does not need any form of written or administrative law to keep cheeks on the government but that the natural law and Rule of Law would be enough to ensure absence of excutive arbitrariness. While India also follows and accepts the concept of natural law, there are writtenRead MoreEffects Of The Rule Of Law771 Words   |  4 PagesPublic Law Essay: 1422047 Introduction In the Following I will be explaining the effects on The Rule of Law in the UK if they are to withdraw from the EU Convention on human rights and repeals the human rights act 1998 and replaces both with the UK Bill of rights. I am going to give a brief overlook on what the impact on the rule of law in the UK will be. I am also going into depth as to whether or not sovereignty effective in the UK is effective and whether society should still be entitles to theRead MoreIs Law A System Of Rules?1500 Words   |  6 Pages R.M. Dworkin wrote an essay titled â€Å"Is Law a System of Rules?† In this essay he proposes an argument against the Legal Positivism, more specifically the version of Legal Positivism that H.L.A Hart was a proponent of. In his essay Dworkin puts forth the ideas of rules and more importantly legal binding principles behind rules. Dworkin says that these principles can be legally binding and the legal positivist position has issues with validating them as a legally binding construct due to issues withRead MoreThe Rule Of Law And Its History858 Words   |  4 Pagesher idea that the rule of law exists â€Å"through the cognitive process of the human mind, the language of the rule of law has not only represented reality, but has also played a leading role in the creation and transformation of reality; accordingly, it has contributed to the modelling of the shared consciousness of society, including that of international society† (Beaulac, 2009, p.1). The notion of the ru le of law and its history stems from many traditions and continents and is intertwined with the