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The rule of law is a political and legal ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers, government officials, and judges. [2] [3] [4] It is sometimes stated simply as "no one is above the law" or "all are equal above the law".
Under rational-legal authority, legitimacy is seen as coming from a legal order and the laws that have been enacted in it (see also natural law and legal positivism).. Weber defined legal order as a system where the rules are enacted and obeyed as legitimate because they are in line with other laws on how they can be enacted and how they should be obeyed.
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 ...
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.
As these systems develop in a rational manner, authority takes on a legal-rational form. Those who govern have the legitimate legal right to do so and those subordinated accept the legality of the rulers. Albeit rational-legal authority may be challenged by those subordinated, it is unlikely to result in a quick change in the nature of the system.
Legislation is the prime source of law and consists in the declaration of legal rules by a competent authority. Legislation can have many purposes: to regulate, to authorize, to enable, to proscribe, to provide funds, to sanction, to grant, to declare or to restrict.
The HHS rule was issued in April and prohibits healthcare providers and insurers from giving information about a legal abortion to state law enforcement authorities who are seeking to punish ...
The first type discussed by Weber is legal-rational authority. It is that form of authority which depends for its legitimacy on formal rules and established laws of the state, which are usually written down and are often very complex. [16] A constitution may define the extent of the power of rational-legal authority. Modern societies depend on ...