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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.
In the case law of the European Court of Human Rights, "necessary in a democratic society" is further defined as meeting a "pressing social need" and "relevant and sufficient" to a legitimate aim. [2] [3] The court has defined "necessary" as somewhere between "reasonable" or "desirable" and "indispensable". [3]
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 ...
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.
He told The Independent that he and the group’s co-founders have “much more ambitions” plans for the Society for the Rule of Law which go farther than “merely reinforcing American ...
Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
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.