1.0 Introduction The rule of law is fundamental in any society where human rights are to be protected. The word rule comes from “règle” and law from “lagu” roughly translating to “supremacy of law”.1It is a mechanism for safeguarding human rights by guaranteeing them legally and at the same time providing a means for redressal where violations occur. The most important application of the rule of law is the principle that government authority is legitimately exercised in accordance with established
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Present and evaluate some important elements of HLA Hart’s theory of law. How does it represent an advance over Austin’s theory? What are some problems with Hart’s account? H.L.A. Hart presents a theory of law based on the assertion that‚ the most important characteristic of law is the element of rules that enforce obligation or duties rather than rules that confer authority or sovereignty. Hart intends to offer a superior analysis of the unique formation of a public legal system as well as an improved
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1. What did the "Vagrant Law" in the Mississippi Black Code prohibit? Look to the primary sources from chapter 15 in Voices of Freedom. Be specific and use several examples. The “Vagrant Law of the Mississippi Black Code was essentially designed to punish freed black slaves and mulattos from living their lives the way the seemed was right for them. Under the Codes freed slaves and mulattos were not allowed to be unemployed nor were they allowed to assemble together during the day or night. (Foner
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Basmah Elahi Rule of Law London International Programs‚ UG Law‚ Public Law Essay 2. The Rule of Law‚ enforced by the courts‚ is the ultimate controlling factor on which our constitution is based. Discuss. The rule of law is one of the fundamental principles of UK’s unwritten or uncodified constitution .The key idea of the rule of law is that the law should apply equally to all‚ rulers and ruled alike. This in the words of the 19-century constitution expert
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OUTLINE 1. Introduction: The nature and function of the law Administrative matters The first part of the seminar covers an explanation of how to successfully study in this course. In particular you need to understand: • • • The tuition pattern of the course; that it operates as a package: three hour seminar (lecture and case study)‚ prescribed readings‚ E-tutorial and revision notes. How to download and install the First Principles of Business Law E-tutorial software. There is an early piece of assessment
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The law‚ generically known as “a body of rules of action or conduct prescribed by controlling authority‚ and having legal binding force” is the bond that holds the society intact. The most recognizable function is to provide some system of order. According to Melvin‚ that basic fulfillment of the law has spread to mean not only a definition of crimes and determination of punishment for violation of crimes‚ but has evolved to ensure consistency and fairness. The law has grown to promote equality and
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Throughout this paper you will be reading how gender based laws such as statutory rape in California discriminate against males and not females. You may ask “why is this issue?” well this is an issue because it goes against our 14th amendment which states all laws should protect both men and women equally. The case you are about to read is concerning this law. A law that discriminates against males‚ stating that even if they have sex at a young age women are the only ones to get hurt. Studies have
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Functions of Law Nancy Plaisir LAW/421 May 7‚ 2014 Ken Marc Role and Functions of Law The functions and role of law in business and society is used on a regular basis in the workplace but not that many people seem to really think about those things these days. These functions will be something I will elaborate on in this paper and show the connection it has to business and society using some of my own experiences along with using my textbook as a reference. The purpose of law in addition to
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contained 282 laws which extended from household laws such as stipulations for divorce‚ and wage laws. The code also dictated that a strict eye for an eye policy as well as enslavement may be used‚ and also regulated military actions. Dracos Law was the first constitution of Athens and originated in 622 BC. The laws were carved into wooden tablets called axones and were fierce laws. They instituted the death penalty for minimal crimes‚ and slavery for those who owed a debt. Similarly‚ the law of the
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duty to govern in accordance of law; the role of the courts as guarantor of legality and individual right‚ the priceless gift‚ subject only to constraints by law established‚ of individual freedom.”(Lord Bingham of Cornhill‚ The case of Liversidge v Anderson: the Rule of Law Amid the Clash of Arms‚2009) From my view‚ Lord Bingham expressed the importance of rule of law through the comment he gave in the case Liversidge v Anderson(1942).As he claimed in the rule of law that the right of the individual
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