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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 ...
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.
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]
Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. [1] Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law.
One source close to the effort told The Independent that the society’s roll-out will involve outreach to law students across the US with the aim of building chapters and instating a culture of ...
It is a "constitutional state" in which the exercise of governmental power is constrained by the law, [6] and is often tied to the Anglo-American concept of the rule of law. Kant's political philosophy has been described as liberal for its presumption of limits on the state based on the social contract as a regulative matter. [7]