Essays Tagged: "Rule of law"
affirmative action
he revised statutes, 1989, it statesthat "in recognition that human rights must be protected by the rule of law, thisLegislature affirms the principal that every person is free and equal in dignity an ...
Subjects: Law & Government Essays > Civil Rights > Black Awareness & Racism
judical review and what it means in a democracy
dicial review is to make sure that policies created to deal with suchissues are not contrary to the rule of law.Numerous studies regarding the separation of powers in American democracyfocused on cons ... or thatmatter, the constitution of any nation, can also be seen as existing as ameans to codify the rules of the democratic game, indicating who can vote,how, when and why.There are more than a hundre ...
Subjects: Law & Government Essays > Law
judical review and its criticisms
icial review is to make sure that policies created to deal with such issues are not contrary to the rule of law.Numerous studies regarding the separation of powers in American democracy focused on con ... that matter, the constitution of any nation, can also be seen as existing as a means to codify the rules of the democratic game, indicating who can vote, how, when and why.There are more than a hundr ...
Subjects: Law & Government Essays > Law
Rule of Law and what are its benefits and defects.
INTRODUCTIONThere has been debate over the Rule of Law suggesting a separation between the rules by law and rules made by mere power of a ruler ... by mere power of a ruler. In the days of Aristotle and Plato, there was a clear distinction between rules and rule by mere power. These distinctions will be discussed below, detailing the benefits and ... er. These distinctions will be discussed below, detailing the benefits and defects of both types of rules.More recently, the Rule of Law encompasses both rules (mainly Statutes) and judiciary-made rul ...
Subjects: Law & Government Essays > Law
Killing Time in Carter County.
occurrence. An event such as a feud could only happen in a backward part of the country, where the rule of law does not exist, and a place where inbred families are ruled by the iron fist of their pa ...
Subjects: History Term Papers > North American History
Machiavelli's Philosophy.
politics is the pursuit of power. According to him, the most important elements of politics are the rule of law, with no exceptions or privileges, laws embodying common interest as opposed to factiona ... rsally. The prince must be an astute judge of situations and actions rather than a blind applier of rules. The study of politics must be more empirical and must pay more attention to what is and less ...
Subjects: Humanities Essays > Philosophy > Classical Philosophy
Why is there so much disagreement about the meaning of the rule of law? Illustrate your answer with reference to at least two rule of law theorists.
There are several main approaches to defining the rule of law including formal and substantive, and functional conceptions of the rule of law. In this ... the rule of law. In this essay I am going to explore the formal and substantive conceptions of the rule of law. The formulistic approach to the rule of law which is to explore the definitions of the ... re the definitions of the rule of law we must look at the existence of certain criteria to test the rule of law and not see whether the law is ?good? or ?bad? (substantive examination of the rule of l ...
Subjects: Law & Government Essays > Law
How has the Human Rights Act affected Parliamentary Supremacy?
y since the introduction of the act. This had meant the role of the courts has been heightened. The rule of law has stated that the law is supreme and that everyone is subject to it and the separation ... in prison after the Parole Board had decided they could be released. The Court of Human Rights had ruled that the Home Secretary had no power to decide whether the murderers should stay in prison. Mi ...
Subjects: Law & Government Essays > Law
The Roles of the Main Players in A Canadian Criminal Law Case
ng the virtues of integrity, impartiality and independence. It is the duty of a judge to uphold the rule of law to ensure equal treatment of everyone in pursuit of justice. A judge must also uphold th ... ary) to discuss possible sentences for a guilty plea. During the trial, the role of the judge is to rule on the admissibility of evidence, objections made by council and charter motions while simultan ...
Subjects: Law & Government Essays > Law
Ethical Issues in Global Business
he Mani Pulite ScandalTab 2Economic Perspectives 1998, View from Stuart EizenstatTab 3Promoting the Rule of Law and Anti-Corruption in a Globalized EconomyForeign Corrupt Practices Act of 1977Tab 4Tra ... mocracy in Latin America. "In the past year, we have seen setbacks to the credibility of democratic rule," Eigen said. "In parts of South America, the graft and misrule of political elites have draine ...
Subjects: Businesss Research Papers
The Constitutional Law of UK in Comparison with the Constitutional law of Russia
ple, Parliament and the judiciary) and the fundamental principles of constitutionalism, such as the rule of law. All constitutional law presupposes the existence of a constitution, whether written or ... t the relationship between individuals and the Government. It is a document that sets out necessary rules for the framework and operation of state institutions, for example defining the powers of the ...
Subjects: Law & Government Essays > Law
"It is absolutely necessary for the successful functioning of the Rule of Law that the Judiciary be elected." E. Wilson. Discuss.
es, and the potential impact elected and appointed judges have on the successful functioning of the Rule of Law. It is also the intention of the author to refute the claim made by Dr Eric Wilson in hi ... y Dr Eric Wilson in his statement "It is absolutely necessary for the successful functioning of the Rule of Law that the Judiciary be elected."Rule of LawThe phrase the 'Rule of Law' is not easily def ...
Subjects: Law & Government Essays > Law
British colonists in America violated the very ideals they treasured in treatment of blacks, Native Americans, and even the poorer classes of white settlers.
reasingly in the 18th century, British colonists charged Great Britain with violating the ideals of rule of law, self government, and the equality of rights. Though this may be true to some extent, th ... it of happiness, blacks suffered much more under the colonists than the colonists had under British rule.Native Americans, like the blacks, were injustly abused by the British colonists. Not only did ...
Subjects: History Term Papers > North American History
Critically assess the changes that have been made since that date to China's legal system as a whole
The development of the rule of law in China since 1978 can be divided into three stages1. The first stage began from 1978 t ... romulgated. Although it was not detail enough, it formed the framework of the fundamental operating rules for the transition to market economy. In 1991,the State Council published a white paper titled ... tion and the further developing market economy. ________________________1.Z.M Wang, The Development Rule of Law in China, Harvard University Press, 20002.H.W Kui, Chinese Commercial Law, Oxford Univer ...
Subjects: Law & Government Essays > Government
CONSTITUTIONAL SANCTITY AND JUDICAIL INDEPENDENCE IN AFRICAN PRESIDENTIAL PERCEPTION
sed on blatant disregard for the established doctrine of Separation of Powers and the initiation of rule by decree. Africa has since that time been plagued with the malaise of Executive excess and bul ... dent, namely that all men are created equal and therefore should enjoy equality before the law. The rule of law as expounded by Dicey is currently under siege on the Continent of Africa.This essay exa ...
Subjects: Law & Government Essays > Law
The European Union extended
sts its peoples and nations shared together, and it would be founded upon treaties guaranteeing the rule of law and equality between all countries.Robert Schuman (French Foreign Affairs Minister) took ... nd fair competition, as many people as possible enjoy the benefits of this single market.The ground rules of the European Union are set out in a series of treaties:· the Treaty of Paris, which ...
Subjects: Businesss Research Papers > Marketing
Discuss the extent to which International assistance can and should be effectively used to achieve security sector reform as part of post-conflict peace-building.
itary bodies that fall outside the chain of command. Also, the judicial system and the principle of rule of law are either routinely sidestepped, or abused along ethno-political contours. In short, th ... Without such a comprehensive approach, one unreformed body might continue to play by the old 'dirty rules' and undermine efforts to transform not only itself, but also the other security agencies.This ...
Subjects: Social Science Essays
Freedom of expression in Hong Kong since 1997
sion. Since the resumption of Chinese sovereignty, there have been worries that our long history of rule of law and autonomy would be threatened. In light of the recent Court of Appeal decision in Sin ... quirement is to be met in order for a certain material to be admissible (subject to other exclusion rules and judicial discretion) .In Canada, the power to issue a warrant for entry and search of prem ...
Subjects: Law & Government Essays
Business in China
tion, China is adopting standardized franchise regulations. Now that China seems to be adopting the rule of law, all sorts of good and entirely predictable things are happening on the trade front. Amo ... Bill Gates is an entrepreneur."All of which goes to show that intellectual property rights and the rule of law that protects them are crucial to a thriving entrepreneurial culture. The reference to B ...
Subjects: Businesss Research Papers
Poland and the EU.
zeczpospolita Polska) was the first country in Central and Eastern Europe to break out of communist rule, which lead to the creation of the president as head of state and a second chamber of parliamen ... though at present Poland is a sovereign and democratic country whose institutions operate under the rule of law, there are still signs of the old systems in place, hence the possibility for it to have ...
Subjects: Businesss Research Papers > Case Studies