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Karl Marx and the Rule of Law

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Karl Marx and the Rule of Law
PUBLIC LAW ASSIGNMENT

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2964

The rule of law plays a big role in the development of the western democratic order. A vague concept of rule of law started evolving more than 2000 years ago, at the time of Aristotle . Later a strong assertion of rule of law was laid down by chief justice Coke, who was dismissed from the bench for asserting the Supremacy of Law above the King. However his views were later accepted by the parliament when it passed the Petition of Rights in 1688, and with the passage of time and rise of territorial states in the 16th century the Law of England manifested it self as a supreme entity. Since then "the concept of rule of law" has gained different interpretations over the years, especially with political prominence of the bourgeois class, and the increasing popularity of laissez-faire government in the 19h century. Since then this concept has changed over the years. However in the old tradition of any legal - political concept, the theory of rule of law has been distorted, redefined and reinvented, to be bended about and conveniently called upon every time it is politically convenient to do so. Now with United Kingdom encompassing within itself, the European community law and with the incorporation of the Human rights act, the concept of rule of law as been refined to fit its contemporary needs.

Referring to the question, Karl Marx uses the word bourgeois to classify a certain class of society. It is important to fully understand the background of this particular society. In a capitalist country, the rulers own the means of production and employ workers, and later on enjoy the profit of the product sold. The rulers of this country belong to the bourgeois class.

Marx originally aimed to diminish individuality and highly promoted the concept of equality. He has a rather negative outlook on the rule of law and is of the view that it is a mere tool of oppression used by the higher class towards the lower class.



Bibliography: 1. H. Barnett, Constitutional & Administrative Law, (7th edition Routledge-Grant, 2009). 2. R. Singh, Public Law Study Manual, (1st edition Brickfields Asia College Corporation, 2011). 3. K. Marx, F. Engels, The Communist Manifesto Karl Marx and Frederick Engles Collected Works, Vol 6 (ElecBook London1976). 4. K. Marx, The German Ideology, ( Electric Book Company Ltd , 2011 ) . ----------------------- [1] Collins , 1982, pp 126-127 [2] Dicey, 1885, pp 188, 193, 195, respectively. And see Craig , 1990. [9] Hilaire Barnett , Constitutional & Administrative Law , Seventh Edition , (Routledge-Cavendish, 2009) [10] See Raz, 1979, p 210

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