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The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. [1] Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of ...
Common elements within a liberal democracy are: elections between or among multiple distinct political parties, a separation of powers into different branches of government, the rule of law in everyday life as part of an open society, a market economy with private property, universal suffrage, and the equal protection of human rights, civil ...
Majority rule – decision rule that selects alternatives which have a majority, that is, more than half the votes. It is the binary decision rule used most often in influential decision-making bodies, including the legislatures of democratic nations. Proportional representation – Tyranny of the majority – Virtual representation –
Judicial independence serves as a safeguard for rights and privileges from a limited government and prevents executive and legislative encroachment upon those rights. [1] It serves as a foundation for the rule of law and democracy. The rule of law means that all authority and power must come from an ultimate source of law.
For a democratic society in general, respect for the rule of law requires "a transparent, accountable, democratic, and pluralistic law-making process", in addition to "legal certainty" and "separation of powers". [8] This aspect ensures checks-and-balances and does not allow for the concentration of power in a single entity. [9]
1. The Legislative and the Rule of Law; 2. The Executive and the Rule of Law; 3. Criminal Process and the Rule of Law; 4. The Judiciary and Legal Profession under the Rule of Law. The committees set up during the congress were each dedicated to one of the four themes with the Working Paper providing the basis of the discussions.
Vol. 1: Rules and Order (1973) 1. Reason and Evolution 2. Cosmos and Taxis 3. Principles and Expediency 4. The Changing Concept of Law 5. Nomos: The Law of Liberty 6. Thesis: The Law of Legislation. Vol. 2: The Mirage of Social Justice (1976) 7. General Welfare and Particular Purposes 8. The Quest for Justice 9. 'Social' or Distributive Justice 10.