The Principles of the Rule of Law
We must ensure that the Rule of Law is public knowledge. It should be accessible, with the right to study, internalize and use it as a framework. It is essential for people to have access to legal institutions for settling disputes and protecting them from abuse of power. This requires independence for the judiciary and accountability for government officials. We must also ensure that legal procedures are transparent and free from corruption. Here are some principles of the Rule of Law. Let us explore these principles in more detail.
Principles of the Rule of Law
Hayek critiqued the Rule of Law for its failure to ensure liberty. He argued that clearly articulated general rules merely represent an imperfect formulation of principles, and that a more appropriate model for liberty would be a common law system where principles and solutions emerge through a series of judicial decisions. But what does the Rule of Law mean for liberty? Let’s examine Hayek’s arguments. It does not mean that the Rule of Law is dead.
Formal aspects of law refer to laws that do not contain substantive content, but instead, focus on procedural features. These features have separate but related meanings. For example, a rule may apply to a specific person, even if the person in question does not have that same perspective. These elements can be considered norms and are closely related to the idea of dignitarianism. The principle of applying a norm to a particular human being captures the basic idea of respect for dignity in a legal system.
The legal profession focuses on both the substantive and procedural aspects of law. Procedural aspects of law relate to the rules and methods used by courts in civil proceedings. State and federal courts follow rules governing evidentiary procedures. Both substantive and procedural laws affect everyday conduct. In the United States, procedural law refers to the laws and rules that govern how courts decide disputes and enforce laws. Both areas of law are equally important.
When it comes to determining what a right to equality means, substantive values may be the best guide. These rights are original and may be derived from common law, statutes, or the constitution. For example, a claim for breach of contract, negligence, or fraud would fall under substantive law, while a state or federal statute would grant an employee the right to sue for employment discrimination. To help illustrate this question, Waldron cites the case of Sibbach v. Wilson.
In preparing for an exam, it is helpful to make legal connections between subtopics and case examples. While citing a famous judge is not guaranteed to earn you the top grade, it will demonstrate that you have a strong understanding of a particular opinion or case. Citations from case books will also give you more context for citing legal sources. But how do you decide which casebook to use? Here are some tips: