The idea of the rule of law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law‚ the later was clearly superior to the former. In more recent times‚ it is Albert V. Dicey who is credited with providing the logical foundation upon which the modern notion of the rule of law is based. Dicey did not invent the idea of the rule of law but he popularized it in the late nineteenth century. His book‚ Introduction
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Part E The rules of statutory interpretation Introduction In this part we will explore the number of rules developed by the courts to assist with the interpretation of a statute. These are: • the literal rule • the golden rule • the mischief rule • the purposive approach. These rules each take different approaches to interpretation of a statute. Some judges prefer one rule‚ while other judges prefer another. Some judges also feel that their role is to fill the gaps and ambiguities in the
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Basmah Elahi Rule of Law London International Programs‚ UG Law‚ Public Law Essay 2. The Rule of Law‚ enforced by the courts‚ is the ultimate controlling factor on which our constitution is based. Discuss. The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all‚ rulers and ruled alike. This in the words of the 19-century constitution expert
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The rule of law is the application of laws consistently‚ without showing favouritism not authorized by said law‚ or otherwise deviating from it. The rule of law is often a criterion used in judging whether a country has good government or not. It is a principle that values procedural over substantive fairness. In some cases‚ for example‚ even when a defendant is known to be guilty‚ his case will be dismissed on the grounds that the government violated the law by gathering evidence in ways that violated
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years of age‚ of whatever class or wealth‚ was eligible to serve (for pay) on juries that decided legal cases. To insure accountability‚ magistrates presiding over cases could be charged with violations of the law by complaints from private citizens. Equality before the law was an important value in their system. Then philosopher Aristotle wrote “Now‚ absolute monarchy‚ or the arbitrary rule of a sovereign over all citizens‚ in a city which consists of equals‚ is thought by some to be quite contrary
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The rule of law is a legal maxim stating 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. Albert Dicey British jurist A. V. Dicey popularised the phrase "rule of law" in 1885. Dicey emphasized
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somebody who is authorised by the offeree. Operation of Postal Rule When contracting parties are bargaining at a distance‚ typically via mail‚ problem may arise because the parties could not know at the same time whether they had formed a contract. Therefore‚ a general rule indicating the time of an effective acceptance was established. The postal rule was created for convenience and certainty. It is an exception to the general rule. As established in Adams v Lindsell (1818)‚ where acceptance
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Ideas and Rights Rule of Law- What is it? ( “Rule of Law”‚ The Gale Group) a.i) The rule of law is a system in which the following four universal principles are upheld: a.ii) The government and its officials and agents as well as individuals and private entities are accountable under the law. a.iii) The laws are clear‚ publicized‚ stable and just‚ are applied evenly‚ and protect fundamental rights‚ including the security of persons and property. a.iv) The process by which the laws are enacted‚ administered
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The rule of law is a system of rules and rights that enables fair and functioning societies. The World Justice Project defines this system as one in which the following four universal principles are upheld: The government and its officials and agents as well as individuals and private entities are accountable under the law. The laws are clear‚ publicized‚ stable‚ and just; are applied evenly; and protect fundamental rights‚ including the security of persons and property. The process by which
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4‚ 2014 There are significant differences between rule of law and rule of man. First‚ rule of law is a system which is operated based on the law. The government‚ officials‚ or individuals are uncountable under the law. The laws must be specific‚ stable and are applied fairly to everyone. While rule of man is a system that one person or a small group of people rule the country. A society that one man has absolute authority and stay out of any law. He is free to act what he thinks is good for the society
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