Constitutions, law and judges - The law
4 important questions on Constitutions, law and judges - The law
Characteristics of rule of law?
- State is obliged to treat citizens equally in legislation, when they formulate and implement laws.
What are the mechanisms that ensure the rule of law?
> control of power through institutional design
> checks and balances and/or diffusion of power
- Independent and impartial judiciary
- Due process
> Law established in advance
> innocent until proven guilty
> no arbitrary arrest
> no inhumane treatment
> fair, speedy and public trial
What is legal positivism?
(Primary rules: regulate social behaviour and can be thought of as the 'content' of the legal system (criminal law f.e).
Secondary rules: rules that confer powers on the institutions of government. They lay down how primary rules are made, enforced and adjudicated).
How do liberals view law?
This is why liberals place such an emphasis on the universal authority of law, embodied in the principle of the rule of law.
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