Three , Ain Concepts of Law

Topics: Law, Sharia, Islam Pages: 5 (1428 words) Published: May 9, 2013
Westminster International University in Tashkent

Certificate of International Foundation Studies
2012 - 2013

Introduction to law

Introduction to law

Student’s ID number | 00002345|
Module name| Introduction to law|
Module code| 2UZF316|
Tutor| Kholidakhon Sabirova |
Individual assignment| |
Group assignment| |
Submission deadline| 18 March 2013|
For Academic Registrar use only|

In today`s modern world the law of different countries is established or based on different languages. Various technics are practiced and created for society with mostly diverse structures, rules and beliefs. Thus, in order to identify the entity and features of law system in different countries of world, there should be consideration to contemplate the well-established principles. The given coursework provides a comparative analysis of three following concepts namely: rule of law, rule of man, and rule of god. Precisely, aforementioned research concerned with the following issue: to characterize each given concepts, describing pros and cons points; to investigate forceful concept by considering a country as a model of an appropriate system. The rule of law

Aristotle claimed, “The rule of law is better than that of any individual." Under the principles of the rule of law, law has supremacy and it can be functioned as a tool to cope and diverge against an abuse of power. According to notoriously chauvinistic professor AV Dicey, In Introduction to the study of the law of the Constitution (1885), he distinguished three essential characteristic which together make the rule of law to be expressed in his own version. Thus, the first element is an absence on the arbitrary power on the part of the state. It claims that in order to avoid the prevention of state by arbitrary discretion of authority, the discretionary power must be limited by staying under the law and it should be belong to the control of law. In this manner Dicey says that arbitrary supremacy can be existed in any extent of form which should be coped to avoid it. The second notion is the Equality before the law. It means the equality of government and person before the law, and none of them has divergence to be above the law. The last point is the supremacy of ordinary law. This means that all disputes between people and government are regulated by courts based on ordinary law of land. Considering the whole aforementioned explanation, “limitation” can be associated as a word of meaning of the rule of law, by limiting the authority of discretional power in order to control the justice. As a blueprint of the rule of law, Germany can be reflected as an appropriate case after being defeated in the Second World War and after having been occupied by the Soviet-Union. In that time Germany was established as a German Democratic Republic, in 1949 the constitution was instituted as “the Basic law”. Regarding the first article of the basic law, it states: ‘Human dignity shall be inviolable. To respect and protect it shall be the duty of all state authority’. The constitution of Germany stays in the protection of human rights and making them inviolable in a high extent. From this point of view only the rule of law can be considered as the best fundamental notion ideal for making the efficient law system, which keeps the stability in the country. Otherwise, without rule of law, criminal and politically motivated violence will perpetuate the threat that warring parties posed during violent conflict. A poorly functioning justice system will allow petty crime, violent crime, politically and ethnically motivated crime, sexual and domestic violence, and organized criminal activities to flourish The rule of man

The rule of man (or people) is the contradiction to the rule of law, which estimates the discretionary power as a fundamental tool of the government to rule arbitrary. The supremacy of verdicts claimed by authority of man is dictator. Hence,...
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