Therefore, the general will of the people requires that laws be amended to reflect morality and justice. Only through civil disobedience can this be achieved; blindly obeying unjust laws will only enforce unjustified public opinion. Although some argue that the general will of the people can be accurately portrayed by a government entity without
An example is when the Miranda Doctrine is not observed upon arresting, the right of self-incrimination may be invoked so as for the evidences against the defense be inadmissible. In order for the Miranda Doctrine to be validly executed, such must be stated in the presence of the counsel for the defense. Such doctrine may be waived, but must be made with utmost knowledge of its consequences (Israel et al, 1993). Although both Fifth and Sixth Amendments embody significant rights for the citizens, it still has differences, one of which is that pertaining to the inquiries pertaining to the case is not allowed in the Fifth Amendment. The Sixth amendment protects the accused upon the case against him.
The Bill of Rights makes sure the government understands that they cannot violate people’s rights of liberty and privileges. The Anti-Federalists views proved to be true to this current day, as the Bill of Rights is in the Constitution, and it limits the power of the U.S. federal government and protects the natural rights, liberty, and property of
Due process is also the law which it is based on that of the idea that at the legal proceedings they can not interfere with that of life, the liberty or that of the property is treated unfairly. You also have the due process in the fifth and the fourteenth amendment that are guaranteed that the person will be able to have notice of the proceedings and that they are given the opportunity to be able to be heard prior to any seizures of , the life, the liberty, and the property. Due process is also the principal that the government must be able to respect that of all of the legal rights that should owed to the people that is according to the law. Due process it is also holds the government to make sure that they are following the law and protecting the individuals from the state. If a person becomes harmed by that of the government they have to follow the law and if they don't follow it will end up as a constitutes of a due process violation that will end up offending against the rule of the law.
The property of a citizen should be kept in safety, Hospers says, “libertarians support legislation that protects the property rights of individuals against confiscation, nationalization, eminent domain, robbery, trespass, fraud and misinterpretation, patent and copyright, libel and slander” (Velasquez 677). Citizens within society must sustain the right to live without the fears of property abuses, if these rights are ever crossed capital punishment should be enforces upon the criminal. As a result, the only action the government should take should be the protection of a human’s right to life, liberty, and
Hence when the purpose is not met then there is definitely a need for corrective measures. And this cannot be met if laws were meant to be rigid or fixed. The basic ultimatum of a law is to ensure that under all circumstances it serves its basic purpose. when a law does not seek to know the circumstance or the situation under which it has been over ruled, it cannot determine if a certain case has been found guilty. The reason being human activities are very much dependant on what he or she was subjected to at that instance.
So how can judge create law through the doctrine of precedent? The basic doctrine means every court in the UK is bound to follow any decision made by a superior court and in general, appellate courts are bound by their own decisions. Although this appears that the courts are not allowed to develop law, there are ways in which the judicial precedent can be avoided, in turn, allowing
What I believe that the definition of independence is the absolute freedom to do what you want, and to not be held back by any rules or laws of government or man, but by the rules and laws of nature and your own conscious. My view of independence may greatly differ form your beliefs on the definition but in this paper I will try to show exactly what my perspective on the definition of independence is by my experiences, my beliefs, my thoughts, and research on the subject at hand. Firstly, I believe that independence can not be the definition of what your government says is independent. If you go by what the government says is independent than why not go by Chinas definition of independence, or by the communists party’s definition of independence. If you are being governed than you are not truly independent.
“In the UK constitution, how important is a separation of powers to the rule of law ?” The rule of law plays a fundamental role in the separation of the judiciary from the executive within the separation of powers doctrine. Dicey being the authority for the rule of law states that “not only that with us no man is above the law, but that here every man whatever he his rank or condition, is subject to the ordinary law of the realm and amenable to the jurisdiction of the ordinary man”, this quote confirms the separation of powers doctrine and the fact that no one is above the law or ever shall be above the law. Dicey also stated that, “ no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law ……..In this sense the rule of law is contrasted with every system of government based on the exercise by persons in authority of wide, arbitrary, or discretionary powers of constraint.” The rule of law has played a persuasive role in constitutional thinking by restating that no man is above the law or shall ever be above the law. This conception attempts to ensure that law is not secret arbitrary or retrospective, thereby limiting the discretionary power of the government. As judicial review is progressively being used more, the rule of law has played an even larger role.
Englishmen are ruled by the law, and by the law alone; a man may with us be punished for a breach of law, but he can be punished for nothing else. It means, again, equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the 'rule of law' in this sense excludes the idea of any exemption of officials or others from the duty of obedience to the law which govern other citizens or from the jurisdiction of the ordinary tribunals". (Tomkins and Turpin, 2011) I will demonstrate in this essay how Dicey's 'Rule of Law' is reflected in the Constitutional Reform Act or 2005 and how the Act resulted in a number of significant changes. Up until 2006 although there may have been an independent judiciary they were not completely separate from Government. The Lord Chancellor was part of the executive, the legislature and the judiciary.