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The Rule of Law and Legislation

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Law

Law is a system of rules that govern behavior and are enforced by governmental and social institutions. The precise definition of law has long been a topic of debate. Some have defined law as a science, while others consider it an art. However, one thing is certain: it does not simply make rules, it enforces them.

Principles of the inner morality of law

Principles of the inner morality of law are an attempt to articulate how laws work and why they should be applied. A common example of this is the concept of natural law. This theory holds that laws should be made to respect the human rights of others and the dignity of the human person. This view of law is akin to the concept of dignitarianism.

Fuller’s work is a key contribution to legal philosophy and rule of law theory. His claim precipitated the ‘natural law versus legal positivism’ debate. Recently, Fuller’s thought has seen a resurgence of interest. As a result, it is time to revisit his scholarly agenda.

Origins of the Rule of Law

The origins of the concept of the Rule of Law can be traced to ancient Greece. However, it has only been in the past twenty-five years that the concept has become widely debated. For instance, former U.S. Supreme Court Justice Anthony M. Kennedy has said that he did not hear the term “rule of law” while attending law school in the 1950s. Interestingly enough, the writer was a law student in those years, so his memory of the term “rule of law” is somewhat dated.

The concept of the Rule of Law has a number of central meanings. First, the Rule of Law must be superior to any individual. Second, the Rule of Law must apply to all persons, regardless of station.

Impact of legislation on the Rule of Law

Legislation is an important part of any legal system. Yet, it has the potential to undermine the Rule of Law in many ways. Sometimes, legislation attempts to remove legal accountability for official actions by prohibiting judicial review. Another problem arises when legislation emphasizes the formalities of a system instead of the content of laws.

The rule of law is a system where the government and citizens are subject to the same laws, and no one is above the law. This is related to equality before the law.

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