Law is an expression of political power. Military and political power can command political power, and both can command the creation of laws. While political and legal power are often correlated, there are significant differences between nations. In general, law is the product of political action, and the political landscape varies greatly from one country to the next.
Rule of law
Rule of law is a concept that describes the way in which justice is administered. It is delivered by independent, neutral, and competent representatives, with adequate resources, who reflect the values and composition of the society they serve. Rule of law is defined by four universal principles. These principles are based on internationally recognized standards and have been tested and evaluated in different contexts throughout the world.
The principle of the Rule of Law is based on the belief that all people are subject to the law. As a result, it stands in stark contrast to oligarchy and tyranny. The principle of rule of law was first put into practice in the thirteenth century, when Archbishop Stephen Langton, an Englishman, rallied his Barons and forced King John to submit to the law. This essentially codified the principles of liberty and judicial oversight, and served as a precursor to the United States Constitution.
Value of the Rule of Law
The Value of the Rule of Law is a basic principle of the European Union and a fundamental value that all member states are obliged to uphold. It is not merely an ethical standard, but also a binding legal principle that applies to any legal dispute under Union law. Although there is no specific definition of the rule of law in the treaties, it is considered a fundamental value by Union courts, which use it as the foundation of constitutional meta-principles.
The Value of the Rule of Law consists of a framework of standards that govern the behavior of people and institutions in a society. These standards should be open, transparent, universal, and understandable to all. In other words, laws should guide people and not impose undue cognitive demands on them. They should also be relatively stable and consist of determinate requirements that people consult before acting.
Impact of the Rule of Law on moral thought
Laws and the Rule of Law have an important influence on moral thought. Moral standards are established by laws, and those laws influence the behavior of individuals and the society. A good example is the passage of a law allowing women to vote. Before, this was considered morally wrong.
The Rule of Law requires that laws meet a standard of reason and cannot be arbitrary. The rule of law also requires that governments be democratic and hold those who make laws accountable. In the U.S., this requires a constitutional system and a strong independent judiciary.
Impact of the Rule of Law on political structures
There are a few key principles that underlie the Rule of Law, and they are embodied in democratic representation. They include equality and the absence of legal domination. As such, they make political structures more predictable and a more stable place to live. Several critics have said that formal rule of law can also lead to certain vices, including exaggerated legalism and a failure to account for political dimensions in legal conflicts. Furthermore, too much veneration of the law inhibits independent social assessment of policy proposals. Furthermore, an official mandate of “blindness” can legitimize actions that are carried out “according to the law” even when they are opposed by the majority of people.
As a result, rule of law promoters should consider the various characteristics of fragile political structures. A strong and reliable support base, adequate financial means, and human resources are essential resources for maintaining power. Without these resources, rule of law promotion efforts will fail. A gradual approach to the promotion of the Rule of Law aims to promote rule of law amongst the elite, while accepting the existing classes of citizens.
