The Rule of Law and Positive Law
Law is a system of principles and regulations in a society. These can be embodied as laws, customs, and policies recognized by judicial decision. Law differs from a constitution, which is a document establishing a government. In my family, breakfast was a law. It was a mandatory part of our household routine. As a child, breakfast was the absolute law. I was raised to believe that law is divinely-ordained order, and it was important to us to eat a nutritious breakfast each day.
Basic principles of rule of law
The rule of law is a set of basic principles that a society must adhere to in order to live in peace and harmony. It is the basis for constitutional democracy and ensures that everyone in a society is treated equally and fairly. The rule of law protects people by ensuring that they can plan their lives and decisions and know that they will not be subject to any arbitrary action by the government.
Meaning of rule of law
The concept of rule of law has different meanings in different countries. Although the concept is similar in theory, the terms and definitions used for it differ from country to country. For example, Sweden’s rule of law is very different from China’s.
Relationship between rule of law and positive law
The relationship between rule of law and positive law can be explained in a number of ways. Positive law and rule of law are related because they enable the rule of law to function. Both of them rely on a positive underlying principle. This principle requires that the rule of law is capable of protecting individuals.
Origins of the rule of law
The rule of law is a principle that says that all people should be held accountable to the same laws. The philosophy behind the concept has its origins in ancient Greece. The philosopher Aristotle debated whether a leader or laws were better for a society. He eventually concluded that laws were the better choice because they could apply in almost any situation.
Characteristics of the rule of law
The concept of the rule of law dates back to ancient Greece. It has become more widely recognized over the past twenty-five years. Aristotle, for example, contrasted the Rule of Law with the rule of man. He stated that, in the long run, written law is safer than man, and that “the rule of man… is inherently corrupt,” a sentiment shared by many modern-day politicians.
Problems of enforcing the rule of law
Enforcing the Rule of Law is a remarkably rich and well-researched book on the challenges faced by Latin American democracy. It offers a wide-ranging analysis of the issues at stake, from the nature of the rule of law to the role of the media and civil society in democracy. It is essential reading for anyone interested in Latin American democracy.