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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.
Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" [1] and proportional to the legitimate aims enumerated in each article. [2]
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 ...
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 ...
"Consent of the governed" is a phrase found in the 1776 United States Declaration of Independence, written by Thomas Jefferson.. Using thinking similar to that of John Locke, the founders of the United States believed in a state built upon the consent of "free and equal" citizens; a state otherwise conceived would lack legitimacy and rational-legal authority.
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.
Acquired from law and is constructed from the reliance of society's rules and laws. This type of authority has the confidence to leave the right of leaders to undertake the decisions and set the policy. Rational-legal authority is the basis of modern democracies.
The rule of law is a response to the decline of order in society. [18] But when the belief in higher law declines, the legal order is threatened. In contemporary history, the natural rights synthesis that underlies the legal order ideal has been undone, with the result that the coherence of the rule of law ideal is compromised. [19]