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The Oxford English Dictionary has defined rule of law as: [49] The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and ...
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
The plain meaning rule, also known as the literal rule, is one of three rules of statutory construction traditionally applied by English courts. [1] The other two are the "mischief rule" and the "golden rule". The plain meaning rule dictates that statutes are to be interpreted using the ordinary meaning of the language of the statute.
The point is, again, that “simply” applying the law as written is anything but simple. When it comes to judges, explains professor Joseph Kimble, "rule of law," isn't exactly what it seems.
But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were "what Professor X says is law", then any rule that Professor X spoke would be a valid legal rule.
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations.In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
Rule of inference or transformation rule, a term in logic for a function which takes premises and returns a conclusion; Phrase structure rule or rewrite rule, used in some theories of linguistics "Rule X" elementary cellular automaton, where X is a number between 0-255 characterizing a specific model (e.g. Rule 110) Phonological rule