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The Elements of the Rule of Law

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Among the many important elements of the Rule of Law is the Presumption of Liberty and the Principle of Human Dignity. While the latter has the effect of limiting the authority of individuals, the former is a principle that guarantees freedom.

Generality

Whether it is applied to local, state or federal law, generality is a fundamental principle of law. It prevents discrimination and helps to create a fairer society. It also ensures that laws are applied equally to all members of a political community.

In addition to providing equality, generality protects freedom. It also helps to make the law more effective. This is because generality of law prevents selective application of laws. It also makes the law more comprehensible.

Principle of human dignity

Despite the importance of this principle, its normative implications are contested. Human dignity is a foundational commitment to human status and value, which is expressed through human rights. It is also a relationally-focused concept, recognizing that each human being has a unique identity. This principle can also be used to constrain patient treatment, ensuring that a corrections system does not undermine the dignity of patients.

A principle of human dignity can be applied to all aspects of the corrections system. It is used to limit acts that degrade human dignity and to legitimize informed consent. However, it is unclear how the concept would be implemented in the constitution.

Human rights component

Throughout history, individuals have sought justice and equality. In the process of pursuing justice, societies have created rules to regulate their actions. Whether these rules are in a formal legal form or an informal social norm, the search for justice is a persistent phenomenon in every society.

Human rights are a set of positive obligations that governments owe to individuals and to groups, enabling all people to enjoy the same rights, freedoms and opportunities. They include economic, cultural and social rights.

Legislation can undermine the Rule of Law

Increasingly, legislation is being viewed as a threat to the rule of law. The Human Rights Act 1998, for example, applies to laws that breach the European Convention on Human Rights. Similarly, there is an ever-growing number of right-wing groups accused of being seditious.

The rule of law is a complex subject. It has both a positive and negative side. A positive view of the rule of law is not incompatible with a liberal stance. For example, the rule of law can protect against overt discrimination and ensure the integrity of the judiciary. It also serves as a basis for many legal rights.

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