Law is a set of rules, both public and private, that govern the conduct of individuals and groups. It has been described as an art and science, as well as a system of justice. Law is made by governments and state legislatures, or by individuals in some common law jurisdictions. Private individuals may also make their own laws by signing contracts or forming arbitration agreements.
Rule by law
Rule by law is a popular political idea, and it has become a popular phrase. Many people use it to promote their political agenda, but the term can take on different meanings depending on the person saying it. Let’s examine the definition of Rule by Law and what it means for our society. First of all, it means that the rule of law will govern citizens without interference from the government.
The concept of Rule by Law owes its name to Thomas Hobbes, a British philosopher who argued that a sovereign should be able to make common laws for all men. However, if a sovereign cannot be bound by the laws that his subjects have made, the rules would be unbalanced.
Formal elements of the Rule of Law
The rule of law is one of the primary means of preserving political stability in a society. It ensures that laws are equally enforced and that individuals are able to plan their affairs based on knowledge of the legal consequences. Additionally, it guarantees that official arbitrariness will not be tolerated.
The rule of law has many elements. Some elements are natural, while others are artificial. Some of these elements are based on cultural differences, which can lead to conflicting ideas. The first element of a rule of law is equality before the law.
Application of general norms rather than retroactive enactments
The principle of application of general norms rather than retroactive statutory enactments has two distinct aspects. First, the law is applied with the intention that it is efficient and effective. Second, it is not retroactive, and therefore, two similar cases can have very different results. One arose from events that took place before the law was passed, while the other arose from events that took place after the law was enacted.
Moreover, since 1831, the Belgian legislature has been required to respect the equality of citizens before the law. As a result, the Cour d’arbitrage has the jurisdiction to scrutinize laws and annul those that violate the principle of equality before the law.
Relationship between law and government
The Relationship between law and government is a key part of the administration of a country’s society. It entails the development of rules, which govern social institutions and governmental institutions. These rules are created and enforced by the legislature. Different countries have different legal systems, which vary in their content and application. These rules, known as laws, shape political struggle. The early American jurist James Wilson referred to law as the “great sinew of government.” Though public law does not originate in politics, it is fundamental to politics.
The basic concept behind the concept of the rule of law is the idea that every individual is subject to the law. This is in contrast to tyranny and oligarchy. In the early Middle Ages, Archbishop Stephen Langton gathered a group of Barons in England to force King John to fall under the rule of law. This resulted in the Magna Carta, which preserved ancient liberties while requiring taxation. It was later adopted as the basis for the United States Constitution.