During the last decades a lot of money has been spent trying to apply the Rule of Law in countries with undemocratic societies and in underdeveloped countries. The People’s Republic of China is one of those countries. As we can see, the Rule of Law is a very conflictive topic for a lot of people in our present society. We really think that the Rule of Law is very important in order to establish democracy and development in any country. But first let’s see what the Rule of Law is. Tom Glass defines the Rule of Law according to the following concepts: “Government decisions are made according to written law and rules; Government sanctions cannot be made up after the fact (ex post facto); Rules are applied as much as possible consistently to all; Courts provide citizens consistent, written process (due process) before life, liberty, or property is taken; Courts provide reasons based upon the law for their decisions.” Chinese people couldn’t get the ideas behind these points due to the fact of their Confucian background in which there was a heavy dependence upon the clan or the group. As the UN China puts it: “Under the philosophy that the government represents the people, internal government procedures regulated conflicts between the government and the individual, not laws.”
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(The Rule of Law Essay Example | Topics and Well Written Essays - 1500 Words)
“The Rule of Law Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.net/law/314278-the-rule-of-law.
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In the dialogue between China and the West, the Oriental country had been opposed for a long time to the concept of the Rule of Law in favor of the Rule by Law. China’s leaders used to considered that the Rule of Law goes against the class struggles in society so they favored a different concept of Rule by Law instead of Rule of Law. …
Al. 2007 p 82). The royal prerogatives exist by the dint of common law. There is no statute or any act of parliament that can give prerogative powers to the crown. However, as we shall see a statute has the power to abolish the prerogative powers (Philips H, et al 2001 pg 310.).
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The most basic principle of the rule of law which is also called the ‘principle of legality’ prohibits any person of any rank, age, race or status from committing an act that is legally wrong and/or affects one’s liberty without providing a reasonable and lawful justification.
These three consist of (i) The Ministry of Justice, which is concerned with the magistrates' law courts, the Appeals Courts, the Crown Court, the National Offender Management Service, and the Legal Services Commission (ii) The Home Office under whose jurisdiction are the police
The Rule of Law is a concept that anticipates several fundamental principles in relation to what the law means, and how the meaning of the law should be applied. The concept of the Rule of Law is to a large extent ambiguous, and it only means different things in different contexts2.
The rules must be general in the sense that they are not aimed at the needs, wants, or activities of particular people. Rather, they should identify circumstances in which government would use its coercive powers. The individuals against whom those powers might be used are just those who infringe the general rules; they should not be identified in any other way.
The rule-of-law topic is a very serious business to think about with the right frame of mind. We should be deeply concerned about the actualization of a true rule of law in our world as a global society where diversity and tolerance are key points in our everyday agendas.
Beforehand he has contributed in several International justice-associated developments as the Director of the International Justice Program of the Lawyers Board for Human Rights in New York, together with Rome Diplomatic Conference taking place at the ICC.
One does perhaps wonder whether Socrates might not have lived to achieve a better end. Were he to escape and live in some remote part of the country and cultivate his ideas on natural law thought further-putting them in writing for all, would he not perhaps have served
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