Search results
Results from the WOW.Com Content Network
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 is the fundamental starting point from which his political philosophy is developed. This moral philosophy outlines a general conceptual framework on human nature which is rigorously developed in The Elements of Law, De Cive and Leviathan. [5]
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.
While Grothouse did not offer a concise definition of "liberty", he emphasized the ongoing debate over its meaning and scope within the context of the Due Process Clause. The author suggested that a nuanced understanding of ordered liberty allows for recognizing new rights while remaining grounded in legal principles and respecting the balance ...
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.
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.
For example, one cannot confidently assert the moral permissibility of abortion without also assuming that there is such a thing as morally permissible actions, which is a fundamental meta-ethical question. Similarly, the moral permissibility of an action can be justified using a fundamental moral theory or principle found in normative ethics.