Articles on law describe its nature and scope. They describe legal training and background, and delineate its relationship to the political system, party, or ideology. Some also explore how law relates to social issues. Comparative law explores the relationship between law and social science. Canon law and Jewish law are also covered. Some authors examine the relationship between law and religion. Others describe the various systems of law in the world. Many people disagree on the purpose and role of law.
Principles of the Rule of Law
In order to create a just society, governments must have institutions in place that promote the rule of law. These institutions include courts, prisons, and law enforcement agencies. These institutions must also be independent of one another. An effective rule of law system is necessary for progress in a society. But ensuring that these institutions function properly is not as simple as focusing on their role. The following sections provide an overview of how these institutions are crucial to the rule of law.
Nature of the Rule of Law
Although the principle of the Rule of Law is a formal ideal, it is often viewed by critics as archaic. Supporters of legality tend to think in terms of prospective measures and publicly acknowledged frameworks. Such conceptions, however, do not adequately describe the realities of modern law. Thus, there is room for a wide range of opinions. In this article, we will consider the two major perspectives on the nature of the Rule of Law.
Functions of the Rule of Law
What are the functions of the Rule of Law? The rule of law refers to the process of establishing and enforcing a legal system, as well as its principles. The basic principles of Rule of Law concern the public and private administration of law, and the establishment of fair and impartial standards in law-making and enforcement. It also calls for an impartial judiciary. These principles have been debated throughout history, and are essentially the foundations of a rule of law society.
Scope of the Rule of Law
The rule of law is a system of government characterized by a fair system of justice, accessible to the public, and delivered by impartial, independent representatives with adequate resources. The concept of the rule of law has been interpreted widely over the years, and its working definition has been determined by a consensus of experts worldwide. The four universal principles of the rule of law are:
Relationship between the Rule of Law and other ideals
While many jurists follow Raz’s 1977 thesis that the Rule of Law is a purely formal ideal, others argue that it has both a substantive and procedural dimension. In both cases, the formal/procedural aspects generate momentum towards the substantive end. For example, generality contains the germ of justice, and stability, publicity, and clarity indicate a link between the Rule of Law and conditions of liberty.