The Long Established And Noble Rule Of Law, One Of The Greatest Products Of The Character And Tradition Of British History, Has Suffered A Deadly Blow.” – Robert G. Menzies

2810 words - 12 pages


The long-established�and�noble rule of law, one of the greatest products of the character�and�tradition of British history, has suffered a deadly blow." - Robert G. Menzies

"Rule of Law" is both a play on my name, and a statement of my values. The rule of law is a foundation for both our liberties and for order. The rule of law respects us as equals. It allows us to organize our lives, plan our futures, and resolve disputes in a rational way. There are those around the world and throughout history who have fought in great struggles for the rule of law.

Rule of law is one of the pillars of the modern world, and widely considered ...view middle of the document...

For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.

Laws should be written with reasonable clarity to avoid unfair enforcement.

Law must avoid contradictions.

Law must not command the impossible.

Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.

Official action should be consistent with the declared rule.

Beyond Fuller's Elements

Fuller's criteria is helpful in understanding the rule of law because it outlines the types of rules, or formal constraints, that societies should develop in order to approach legal problems in a way that minimizes the abuse of the legal process and political power. The rule of law, however, extends beyond mere regulations and is also shaped by the so-called institutional constraints on government implied in Fuller's elements. One such institutional constraint is the existence of an independent judiciary; another is developing ways of promoting transparent governance. Informal constraints, such as local culture or traditions that may encourage citizens to organize their behavior around the law, also help constrain the government, promote liberty and, therefore, define the rule of law. Although still seemingly vague, the rule of law may be most concretely defined as a theory of governance relying upon a series of legal and social constraints designed to encourage order and to prevent arbitrary and unreasonable exercise of government power.

Defining the Rule of Law: Mapping Divergence

The concept of rule of law is practically as old as philosophical itself. From Aristotle, who saw the Rule of law as superior to the rule of man, to contemporaries like Ronald Dworkin and Judith Shklar, it has been debated through the years. Yet the concept of rule of law remains a conundrum. Despite its frequent use for centuries and notwithstanding over fifteen years of experience in this newly redefined venture, practitioners and theorists alike avow that there is single template and no fixed meaning for the rule of law. Renowned legal scholars concur on the impression and vagueness of the term, despite its frequent use. The definition of rule of law is at once confused and contested. However, scholars have acknowledged, in different ways, that there is not just confusion, but also a significant divergence between schools of thought on the definition and content of rule of law.

History of Rule of Law

The concept of Rule of Law is restricted to its historical genesis as a means of protection from the arbitrariness of `Rule of man' and from the abuse of power by the state. Friedrich von Hayek defines the concept as `Stripped of all its technicalities'; this means that government in all its actions is bound by rules fixed and announced beforehand- rules which make it...

Other Papers Like The Long-Established And Noble Rule Of Law, One Of The Greatest Products Of The Character And Tradition Of British History, Has Suffered A Deadly Blow.” – Robert G. Menzies

The History of British Schools Essay

1901 words - 8 pages receiving their grants. A minimum level of state support was established 9. In 1841 Roedean School was founded near Brighton in Sussex. It is one of the most privileged public schools for girls. Now it has about 400 students. In 1853 Cheltenham Ladies' College was founded in Cheltenham, Gloucestershire. It is one of the leading public schools for girls in Britain and nowadays it has about 800 students. In 1861 the system of grants established by the

Pkn Konstitusi and Rule of Law

3011 words - 13 pages , namun implementasi/penegakannya belum mencapai hasil yang optimal, sehingga rasa keadilan sebagai perwujudan pelaksanaan Rule of Lawbelum dirasakan sebagian besar masyarakat. IV. Strategi Pelaksanaan Pengembangan Rule Of Law di Indonesia Agar pelaksanaan (pengembangan) Rule of Law berjalan efektif sesuai dengan yang diharapkan, maka: a. Keberhasilan “the enforcement of the rules of law” harus didasarkan pada corak masyarakat hukum yang

"Gambling With The Future": A History With And Without Tradition. Comparison Of Two Short Stories And Their Themes. Shirley Jackson's "The Lottery" And Thomas King's "Totem."

1266 words - 6 pages In many literary works, history is a core theme. Such is the case in Shirley Jackson's "The Lottery" and Thomas King's "Totem". Both stories' themes stress the importance of being critical of history. Each story, however, takes a different approach on the treatment of this theme. "The Lottery" suggests one should question history and tradition, and perhaps it is time to move on or change. In "Totem," the importance of remembering one's heritage

Leonardo Da Vinci One Of The Greatest Artists Pertold In History. He Created Several Tremendous And Infamous Art Pieces Including "The Mona Lisa." This Was Only One Of His Several Extradinary Works

875 words - 4 pages careful measurements and suggest rules for applying them realistically in painting. He called the subject aerial perspective. He is deservedly considered one of the greatest painters of all time. He excelled in inventiveness, technique, drawing ability, use of light, shadow, and color.

Srinivasa Ramanujan- One of the Greatest Indian Mathematician

775 words - 4 pages then be investigated in depth later. It is said that Ramanujan's discoveries are unusually rich and that there is often more to them than initially meets the eye. As a by-product, new directions of research were opened up. Examples of the most interesting of these formulae include the intriguing infinite series for π, One of the intriguing infinite series for pi by s.ramanujan He sent a set of 120 theorems to Professor Hardy of Cambridge. As a

Cell Phones: One of the Greatest Inventions Man Have Made

816 words - 4 pages greatest inventions humans have made. Dr Martin Cooper, is considered the inventor of the first portable handset. He made the first call in 1973. Since that inventon, cell phone technology has evolved so much. I am sure you all have seen, people get on buses, go into public places and even sit in quiet waiting rooms full of people while talking through their cell phone. Few weeks, back I was at a retail store check out counter waiting for my turn

Decades of Conflict and War: the American Tradition

1731 words - 7 pages Decades of Conflict and War: The American Tradition Ginny Kleinhans September 5, 2010 HIS135 Mona Rocha Decades of Conflict and War: The American Tradition The United States of America is a nation founded by and established through conflict and war. Sadly, this history of confrontation seems to have become an American tradition. This tradition is easily seen when reviewing American history after the end of World War II. Every decade

The Split of Insurance Products and Services in the Marketplace

3798 words - 16 pages . [sGEICO + g(rdGEICO2013)]G – rdGEICO2013 This part of the equation equates to zero. Here are our assumptions: sGEICO - GEICO is one of the largest US auto insurers and known for its innovative direct-to-consumer strategies. Since we believe GEICO has the highest innovative capacity in the industry we assign sGEICO = sMAX = 1

A Book Review Of 'The Prince' By Niccolo` Machiavelli, Explaining, In Particular, What The Book Reveals About Rule Of Law

1065 words - 5 pages principle that laws should govern the country and not men. Laws of our own making and not the cruel edicts of tyrant dictators that are made solely for their own benefits so as they manage power how they want. The rule of law also means that people do not have to answer to the arbitrary decisions of governmental officials, instead, they guide their actions by what is prohibited by a clearly defined law. Government officials can be compared to the

The Deadly Sin Of Bearing False Witness - About The Effects Of Prevaricating In The Books A Tale Of Two Cities And The Scarlet Letter

1338 words - 6 pages end, he redeemed himself by his confession in front of the whole town, but his long endurance of the secret took its toll and he died. Roger Chillingworth had a similar fate. Like Dimmesdale, Chillingworth, Hester*s husband, keeps his relation to her a secret. Chillingworth*s deception allows him to become consumed with hatred and the desire to inflict his revenge on the one who stole his wife*s heart. Because he had secretly lived his

Human Resources Law - Trace The Historical Tradition Of Australian Labour Law Using Relevant Legislation And Case Law To Support Your Analysis. Do You Think The Current Direction Of Labour Law In...

2046 words - 9 pages industrial laws but by subordinating them to corporation laws. WorkChoices and its Constitutional basis turn 'on its head the history of a party which since its inception 60 years ago has typically been the champion of "states' rights"'.WorkChoices is no less ambitious than the policies which combined together in the early part of the twentieth century; it is no less intertwined with other areas of policy and law. The introduction of arbitration

Related Essays

Implementation Of The Human Rights Act 1998 Has Impacted Upon Many Areas Of Tort Law. Choose One Of These Areas And Assess The Act’s Impact. 

2490 words - 10 pages Implementation of the Human Rights Act 1998 has impacted upon many areas of tort law. Choose one of these areas and assess the Act’s impact.  Traditionally, up to the Human Rights Act 1998 (HRA) for the Convention and the all the individuals living in the United Kingdom had no domestic law.This resulted them to go to the European Court of Human Rights in Strasbourg in order for them to correct the breach of their Convention rights. Thus the

One Of The Greatest Forefathers Essay

1036 words - 5 pages Andrew Jackson is arguably one the greatest of our forefathers; his actions had a profound effect on the landscape of American History as we know it. This strong and complex character is responsible for the shaping of the Democratic Party as what it is today. As America’s first “working class” president, he changed the presidency He faced adversity and challenges through his personal life and through his presidency, but preserved with

The Long Arm Of Law Essay

869 words - 4 pages The Long Arm of the Law Many people often complain about the police but yet the police are first on their list when an emergency comes. According to Alix Finch, Police are described as the frontline of protection and service that risk their lives for our safety and ensure our safety by sacrificing their time and families for us (320). It is a terrifying thought to many wives that their spouse may not arrive home after work. Obtaining a job in

What Use Is The Rule Of Law?

1053 words - 5 pages and the environment in which they live in and inevitably affects them.A rule of law cannot be complete, however, without punishment that further curbs anti-social behaviour. Almost all laws call for punishment when a crime has been committed. However, punishment varies from country to country with some believing in the utilitarian eye for an eye theory, while other governments prefer C. S. Lewis' humanitarian view on punishment. Either way, the