Essay Questions 2011 ‘Our parliamentary democracy is based on the rule of law. One of the twin principles upon which the rule of law depends is the supremacy of Parliament in its legislative capacity. The other principle is that the courts are the final arbiters as to the interpretation and application of the law. As both Parliament and the courts derive their authority from the rule of law so both are subject to it and can not act in a manner which involves its repudiation.’ (Lord Woolf‚ 1995)
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“How do the rule of law and accountability operate within the United Kingdom constitution? Does the reality match your picture of how a democracy should work? Explain your reasoning drawing on relevant material you have studied.” The concept of accountability and the rule of law in UK is a quite controversial topic of discussion. There is too much debate whether or not there is a good resemblance of the doctrine of democracy in accordance with these two topics in reality. Accountability‚ as well
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PUBLIC LAW ASSIGNMENT WORD COUNT: 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
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The rule of law is a legal maxim that provides that no person is above the law‚ that no one can be punished by the state except for a breach of the law‚ and that no one can be convicted of breaching the law except in the manner set forth by the law itself. The rule of law stands in contrast to the idea that the leader is above the law‚ a feature of Roman law‚ Nazi law‚ and certain other legal systems. At least two principal conceptions of the rule of law can be identified: a formalist or "thin"
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to the Rule of Law & the modern definition. Rule of Law in the layman perspective is the principle that nobody is above the law and that every man’s act is subject to the law. The law referred‚ in our context‚ is the Malaysian Constitution which embodies the definition‚ expressly in many of its provisions. The constitution has the absolute power as against the arbitrariness and discretionary power of the government. This concept is commonly practiced in democratic countries. Rule of Law and Rule
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The idea of any rule being righteous is often questioned‚ since a righteous rule or law is very ambiguous . In the past‚ Hammurabi created the first complete set of rules called‚ Hammurabi’s Code‚ that was intense in some area’s ‚ and too lenient in others. In some of his rules‚he wasn’t fair to the accused‚ to the victim‚ and to the society in all his laws. The accused should be punished enough to learn the lesson. Being harsh is necessary in some cases‚ but some cases harshness goes to the extreme
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fundamental fact that decides the type of regime and‚ by extension‚ the type of laws that the regime should have is the structure of authority in the regime. The two most common types of regimes are democracy and oligarchy. All regimes desire to be wealthy‚ therefore all regimes are oligarchical to some extent‚ but more specifically oligarchies are regimes where the wealthy rule. Democracies on the other hand are defined as the rule of the majority‚ which is assuming that the majority ruling are the poor
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Laws are an intrinsic part of our lives and are necessary for the common good and welfare of society. Black’s Law Dictionary‚ as quoted by Melvin (2012)‚ defines law as a “body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force.” In other words‚ laws are rules of behavior that are legally binding and are enforced by a controlling authority. Laws affect many aspects of our lives in ways that we may not even think about: we pay our taxes‚ observe
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Between Rules and Laws • Categorized under Grammar‚Language | Difference Between Rules and Laws Rules vs Laws The main difference between rules and laws is the consequences associated with breaking them. While each is developed to invoke a sense of order‚ fair play‚ and safety‚ the weight of a law is much heavier than the weight of a rule. Laws are like the legal version of rules. When you are a child‚ a parent sets rules to be followed. When you are in a society‚ the government sets laws to be
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34-1 Union Labor Practices Issue: What are the terms for collect collective bargaining? Rule of Law: Under Collective Bargaining‚ an employer and union must act in good faith and not change wages or terms and conditions of employment during the bargaining process. Application + conclusion: While consolidated stores was undergoing a unionization campaign‚ the management swayed the employees to reject the union by increasing their wages and providing them bonuses. Under collective bargaining‚ that
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