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Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Hobbes’s moral philosophy therefore provides justification for, and informs, the theories of sovereignty and the state of nature that underpin his political philosophy. [2] In utilising methods of deductive reasoning and motion science, Hobbes examines human emotion, reason and knowledge to construct his ideas of human nature (moral ...
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, [2] the equality of outcome for subgroups in society. [ 3 ] [ 4 ] Liberal democracy emphasizes the separation of powers, an independent judiciary , and a system of checks and balances between branches of government.
The governmental theory of the atonement (also known as the rectoral theory, or the moral government theory) is a doctrine in Christian theology concerning the meaning and effect of the death of Jesus Christ. It teaches that Christ suffered for humanity so that God could forgive humans without punishing them while still maintaining divine justice.
This is one of the earliest formulations of the theory of government known as the social contract. Hobbes objected to the attempt to derive rights from " natural law ", arguing that law ("lex") and right ("jus") though often confused, signify opposites, with law referring to obligations, while rights refer to the absence of obligations.
Legitimacy is "a value whereby something or someone is recognized and accepted as right and proper". [6] In political science, legitimacy has traditionally been understood as the popular acceptance and recognition by the public of the authority of a governing régime, whereby authority has political power through consent and mutual understandings, not coercion.
The Lochner era was a period in American legal history from 1897 to 1937 in which the Supreme Court of the United States is said to have made it a common practice "to strike down economic regulations adopted by a State based on the Court's own notions of the most appropriate means for the State to implement its considered policies". [1]