Legal force in the context of Encyclopædia Britannica


Legal force in the context of Encyclopædia Britannica

⭐ Core Definition: Legal force

The rule of law entails that the law is clear, consistent and open; individuals and groups have access to justice (such as fair, independent judiciaries); and that government institutions (such as the executive, legislature and judiciary) are subject to the law. It entails that all people and institutions within a political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to Encyclopædia Britannica, it is "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."

Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law.

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Legal force in the context of Coming into force

In law, coming into force or entry into force (also called commencement) is the process by which legislation, regulations, treaties and other legal instruments come to have legal force and effect. The term is closely related to the date of this transition. The point at which such instrument comes into effect may be set out in the instrument itself, or after the lapse of a certain period, or upon the happening of a certain event, such as a proclamation or an objective event, such as the birth, marriage, reaching a particular age or death of a certain person. On rare occasions, the effective date of a law may be backdated to a date before the enactment.

To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Although it is common practice to stipulate this number as a requirement in the body of the treaty itself, it can also be set out in a superior law or legal framework, such as a constitution or the standing orders of the legislature in which it originated.

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