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The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic ...
While public sector ethics overlaps in part with government ethics, it can be considered a separate branch in that government ethics is only focused on moral issues relating to governments, including bribery and corruption, whilst public sector ethics also encompasses any position included in the public administration field. Public ...
Constitutionalism refers to the principle that the authority of government derives from and is limited by a body of fundamental law, typically embodied in a written constitution. A constitution serves as the supreme law of the land, establishing the structure of government, defining the powers and responsibilities of state institutions, and ...
Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, [2] the equality of outcome for subgroups in society. [ 3 ] [ 4 ] Liberal democracy emphasizes the separation of powers, an independent judiciary , and a system of checks and balances between branches of government.
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.
Laws concerning relationships between individuals belong to private law. The relationships public law governs are asymmetric and unequalized. Government bodies (central or local) can make decisions about the rights of persons. However, as a consequence of the rule-of-law doctrine, authorities may only act within the law (secundum et intra legem ...
The law is full of vague terms whose application to facts is typically arguable: "due process," "probable cause," "reasonable doubt," "good cause" and countless others.
A code of practice is adopted by a profession (or by a governmental or non-governmental organization) to regulate that profession. A code of practice may be styled as a code of professional responsibility, which will discuss difficult issues and difficult decisions that will often need to be made, and then provide a clear account of what behavior is considered "ethical" or "correct" or "right ...