Law is a political system that governs the actions of the executive branches of governments. Its origins, values, and forms are discussed in this article. Despite the many challenges facing the rule of law in modern societies, the legal profession plays an important role in the provision of access to justice for people. The G20 meetings, for example, include representatives from the executive branches of countries.
Rule of law
The rule of law is the concept that every individual and group in a society are subject to the law. This principle is opposed to tyranny and oligarchy. The concept of the rule of law dates back to the 12th century when Archbishop Stephen Langton rallied the Barons in England and forced King John to submit to the rule of law. The result was a document called the Magna Carta, which protected the ancient liberties of the people and required taxes. This document later became the foundation of the United States Constitution.
However, focusing too much on the rule of law can cause a number of problems. Firstly, excessive reliance on the law can cause a culture of fear and close the faculties for independent moral judgment. Moreover, it can make individuals distrustful of individual judgments, particularly in uncertain times.
Forms of the rule of law
The concept of the rule of law has its roots in ancient Greece and has become more widely discussed in recent decades. Former U.S. Supreme Court Justice Anthony M. Kennedy, for example, has said that he does not remember using the term “rule of law” when he was in law school in the 1950s. The writer, however, was in law school at the time.
While there is no universally accepted formulation of the rule of law, there are numerous attempts by political philosophers and jurists to describe the concept. This can be problematic, because the idea of the rule of law is a complex ideal that can be abused. For example, it can be abused to create sectoral privileges for judicial personnel or to allow unchallenged interpretations of the law. In addition, the focus on the formal aspect of the rule of law can distract from the content of the laws themselves.
Values of the rule of law
The rule of law demands that people in positions of authority exercise their powers according to established public norms. In addition, it requires that government bodies function within a legal framework and be held accountable by law when unauthorized action is suspected. The values of the rule of law are often ascribed to the government, but the principles are applicable to all citizens.
However, some critics of the formal rule of law argue that it produces vices. Excessive legalism leads to the neglect of political dimensions of legal conflicts and inhibits independent social evaluation of policy proposals. And excessive veneration of the law can result in the legitimisation of actions performed “according to the law,” even if the majority of the population opposes them.
Origins of the rule of law
The concept of the rule of law is the principle that everyone in a society is subject to the same laws. This concept has its roots in ancient Greece, and the philosophy of Aristotle. He examined the question of who should rule a country and which laws were best, and concluded that laws are the best solution for most societies. The laws were well-thought out, and could apply to many different situations.
The concept of the rule of law is often defined by the United Nations. This organization works in collaboration with NGOs, governments, and other organizations to promote the rule of law in developing and post-conflict countries. Its objective is to improve the condition of human rights and freedoms in these countries.