Rule of law in the context of Liberal conservative


Rule of law in the context of Liberal conservative

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⭐ Core Definition: Rule of law

The essence of the rule of law is 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 defined as "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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Rule of law in the context of Political philosophy

Political philosophy studies the theoretical and conceptual foundations of politics. It examines the nature, scope, and legitimacy of political institutions, such as states. The field investigates different forms of government, ranging from democracy to authoritarianism, and the values guiding political action, like justice, equality, and liberty. As a normative field, political philosophy focuses on desirable norms and values, in contrast to political science, which emphasizes empirical description.

Political ideologies are systems of ideas and principles that outline how society should work. Anarchism rejects the coercive power of centralized governments. It proposes a stateless society to promote liberty and equality. Conservatism seeks to preserve traditional institutions and practices. It is skeptical of the human ability to radically reform society, arguing that drastic changes can destroy the wisdom of past generations. Liberals advocate for individual rights and liberties, the rule of law, private property, and tolerance. They believe that governments should protect these values to enable individuals to pursue personal goals without external interference. Socialism emphasizes collective ownership and equal distribution of basic goods. It seeks to overcome sources of inequality, including private ownership of the means of production, class systems, and hereditary privileges. Other strands of political philosophy include environmentalism, realism, idealism, consequentialism, perfectionism, nationalism, individualism, and communitarianism.

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Rule of law in the context of Classical republic

Classical republicanism, also known as civic republicanism or civic humanism, is a form of republicanism developed in the Renaissance inspired by the governmental forms and writings of classical antiquity, especially such classical writers as Aristotle, Polybius, and Cicero. Classical republicanism is built around concepts such as liberty as non-domination, self-government, rule of law, property-based personality, anti-corruption, abolition of monarchy, civics, civil society, common good, civic virtue, civic participation, popular sovereignty, patriotism and mixed government.

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Rule of law in the context of Constitution of the United Kingdom

The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to codify such arrangements into a single document, thus it is known as an uncodified constitution. This enables the constitution to be easily changed as no provisions are formally entrenched.

The Supreme Court of the United Kingdom and its predecessor, the Appellate Committee of the House of Lords, have recognised and affirmed constitutional principles such as parliamentary sovereignty, the rule of law, democracy, and upholding international law. It also recognises that some Acts of Parliament have special constitutional status. These include the Magna Carta, which in 1215 required the King to call a "common counsel" (now called Parliament) to represent the people, to hold courts in a fixed place, to guarantee fair trials, to guarantee free movement of people, to free the church from the state, and to guarantee rights of "common" people to use the land. After the Glorious Revolution, the Bill of Rights 1689 and the Claim of Right Act 1689 cemented Parliament's position as the supreme law-making body, and said that the "election of members of Parliament ought to be free". The Treaty of Union in 1706 and the Acts of Union 1707 united the Kingdoms of England, Wales and Scotland, the Acts of Union 1800 joined Ireland, but the Irish Free State separated after the Anglo-Irish Treaty in 1922, leaving Northern Ireland within the UK. After struggles for universal suffrage, the UK guaranteed every adult citizen over 21 years the equal right to vote in the Representation of the People (Equal Franchise) Act 1928. After World War II, the UK became a founding member of the Council of Europe to uphold human rights, and the United Nations to guarantee international peace and security. The UK was a member of the European Union, joining its predecessor in 1973, but left in 2020. The UK is also a founding member of the International Labour Organization and the World Trade Organization to participate in regulating the global economy.

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Rule of law in the context of Representative democracy

Representative democracy, also known as indirect democracy or electoral democracy, is a type of democracy where elected delegates represent a group of people, in contrast to direct democracy. Nearly all modern Western-style democracies function as some type of representative democracy: for example, the United Kingdom (a unitary parliamentary constitutional monarchy), Germany (a federal parliamentary republic), France (a unitary semi-presidential republic), and the United States (a federal presidential republic). Unlike liberal democracy, a representative democracy may have de facto multiparty and free and fair elections, but may not have a fully developed rule of law and additional individual and minority rights beyond the electoral sphere.

Representative democracy places power in the hands of representatives who are elected by the people. Political parties often become central to this form of democracy if electoral systems require or encourage voters to vote for political parties or for candidates associated with political parties (as opposed to voting for individual representatives). Some political theorists (including Robert Dahl, Gregory Houston, and Ian Liebenberg) have described representative democracy as polyarchy.

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Rule of law in the context of Liberty

Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional law of the United States, ordered liberty means creating a balanced society where individuals have the freedom to act without unnecessary interference (negative liberty) and access to opportunities and resources to pursue their goals (positive liberty), all within a fair legal system.

Sometimes liberty is differentiated from freedom by using the word "freedom" primarily, if not exclusively, to mean the ability to do as one wills and what one has the power to do; and using the word "liberty" to mean the absence of arbitrary restraints, taking into account the rights of all involved. In this sense, the exercise of liberty is subject to capability and limited by the rights of others. Thus liberty entails the responsible use of freedom under the rule of law without depriving anyone else of their freedom. Liberty can be taken away as a form of punishment. In many countries, people can be deprived of their liberty if they are convicted of criminal acts.

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Rule of law in the context of International law

International law, also known as public international law and the law of nations, is the set of rules, norms, legal customs and standards that states and other actors feel an obligation to, and generally do, obey in their mutual relations. In international relations, actors are simply the individuals and collective entities, such as states, international organizations, and non-state groups, which can make behavioral choices, whether lawful or unlawful. Rules are formal, typically written expectations that outline required behavior, while norms are informal, often unwritten guidelines about appropriate behavior that are shaped by custom and social practice. It establishes norms for states across a broad range of domains, including war and diplomacy, economic relations, and human rights.

The term public international law embraces a wide variety legal regimes governing the conduct and relationships between states, between states and international organizations, and between entities and persons both natural and legal. Public international law defines the criteria for statehood, and legal theorists argue that it establishes states as the principal actors in the international legal system. (While the traditional view was that only states were subjects of international law, with the founding of the United Nations, that view expanded to include intergovernmental organizations. Contemporary conceptions of international law are much broader, and include the interactions such as the ones listed at the beginning of this paragraph.) Public International law also governs the outer bounds of permissible treatment of individuals by states with comprehensive international law regimes dealing with non-combatants, including prisoners of war, civilians, and refugees, as well as human rights.

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Rule of law in the context of Parliament

A parliament is the type of legislature, or law-making body, of a state based on the fusion of powers. Generally, a parliament has three functions: representing the electorate, making laws, and overseeing the executive government via hearings and inquiries. Its role is similar to that of a senate, synod or congress. The term parliament is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the official name. A parliament is typically made up of elected members, who are legislators.

Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies. Parliamentary gatherings in the Middle Ages began to establish that monarchs were subject to law and first summoned representatives of common people, notably the Cortes of León in 1188 and an English parliament in 1265. During the early modern period, the Glorious Revolution of 1688 in Britain established the primacy of parliamentary sovereignty, through which the rule of law could be enforced. Many other modern concepts of parliamentary government developed subsequently in the Kingdom of Great Britain (1707–1800). Expansion of suffrage in the 19th and 20th centuries led to parliaments around the world becoming democratically elected.

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Rule of law in the context of Court

A court is an institution, often a government entity, with the authority to adjudicate legal disputes between parties and administer justice in civil, criminal, and administrative matters in accordance with the rule of law.

Courts generally consist of judges or other judicial officers, and are usually established and dissolved through legislation enacted by a legislature. Courts may also be established by constitution or an equivalent constituting instrument.

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Rule of law in the context of Authoritarianism

Authoritarianism is a political system characterized by the rejection of political plurality, the use of strong central power to preserve the political status quo, and reductions in democracy, separation of powers, civil liberties, and the rule of law. Authoritarian regimes may be either autocratic or oligarchic and may be based upon the rule of a party, the military, or the concentration of power in a single person. States that have a blurred boundary between democracy and authoritarianism have sometimes been characterized as "hybrid democracies", "hybrid regimes" or "competitive authoritarian" states.

The political scientist Juan Linz, in an influential 1964 work, An Authoritarian Regime: Spain, defined authoritarianism as possessing four qualities:

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Rule of law in the context of Conservatism

Conservatism is a cultural, social, and political philosophy and ideology that seeks to promote and preserve traditional institutions, customs, and values. The central tenets of conservatism may vary in relation to the culture and civilization in which it appears. In Western culture, depending on the particular nation and the particular time period, conservatives seek to promote and preserve a range of institutions, such as the nuclear family, organized religion, the military, the nation-state, property rights, rule of law, aristocracy, and monarchy.

The 18th-century Anglo-Irish statesman Edmund Burke, who opposed the French Revolution but supported the American Revolution, is credited as one of the forefathers of conservative thought in the 1790s along with Savoyard statesman Joseph de Maistre. The first established use of the term in a political context originated in 1818 with François-René de Chateaubriand during the period of Bourbon Restoration that sought to roll back the policies of the French Revolution and establish social order.

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Rule of law in the context of Liberalism

Liberalism is a political and moral philosophy based on the rights of the individual, liberty, consent of the governed, political equality, right to private property, and equality before the law. Liberals espouse various and sometimes conflicting views depending on their understanding of these principles but generally support private property, market economies, individual rights (including civil rights and human rights), liberal democracy, secularism, rule of law, economic and political freedom, freedom of speech, freedom of the press, freedom of assembly, and freedom of religion. Liberalism is frequently cited as the dominant ideology of modern history.

Liberalism became a distinct movement in the Age of Enlightenment, gaining popularity among Western philosophers and economists. Liberalism sought to replace the norms of hereditary privilege, state religion, absolute monarchy, the divine right of kings and traditional conservatism with representative democracy, rule of law, and equality under the law. Liberals also ended mercantilist policies, royal monopolies, and other trade barriers, instead promoting free trade and marketization. The philosopher John Locke is often credited with founding liberalism as a distinct tradition based on the social contract, arguing that each man has a natural right to life, liberty and property, and governments must not violate these rights. While the British liberal tradition emphasized expanding democracy, French liberalism emphasized rejecting authoritarianism and is linked to nation-building.

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Rule of law in the context of Republicanism

Republicanism is a political ideology that encompasses a range of ideas from civic virtue, political participation, harms of corruption, positives of mixed constitution, rule of law, and others. Historically, it emphasizes the idea of self-governance and ranges from the rule of a representative minority or aristocracy to popular sovereignty. It has had different definitions and interpretations which vary significantly based on historical context and methodological approach. In countries ruled by a monarch or similar ruler, or with a monarch whose role is primarily ceremonial such as the United Kingdom, republicanism is simply the wish to replace the hereditary monarchy by some form of elected republic.

Republicanism may also refer to the non-ideological scientific approach to politics and governance. As the republican thinker and second president of the United States John Adams stated in the introduction to his famous A Defense of the Constitutions of Government of the United States of America, the "science of politics is the science of social happiness" and a republic is the form of government arrived at when the science of politics is appropriately applied to the creation of a rationally designed government.

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Rule of law in the context of Dictator

A dictator is a political leader who possesses absolute power. A dictatorship is defined as a state ruled by a dictator. The word originated as the title of a Roman dictator elected by the Roman Senate to rule the republic in times of emergency. Like the terms "tyrant" and "autocrat", dictator came to be used almost exclusively as a non-titular term for oppressive rule. In modern usage, the term dictator is generally used to describe a leader who holds or abuses an extraordinary amount of personal power.

Dictatorships are often characterised by some of the following: suspension of elections and civil liberties; proclamation of a state of emergency; rule by decree; repression of political opponents; not abiding by the procedures of the rule of law; and the existence of a cult of personality centered on the leader. Dictatorships are often one-party or dominant-party states. A wide variety of leaders coming to power in different kinds of regimes, such as one-party or dominant-party states and civilian governments under a personal rule, have been described as dictators.

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Rule of law in the context of Judicial independence

Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan interests. Judicial independence is important for the idea of separation of powers.

Different countries deal with the idea of judicial independence through different means of judicial selection, that is, choosing judges. One method seen as promoting judicial independence is by granting life tenure or long tenure for judges, as it would ideally free them to decide cases and make rulings according to the rule of law and judicial discretion, even if those decisions are politically unpopular or opposed by powerful interests. This concept can be traced back to 18th-century England.

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Rule of law in the context of Liberal democracy

Liberal democracy, also called Western-style democracy, or substantive democracy, is a form of government that combines the organization of a democracy with ideas of liberal political philosophy. Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil rights, civil liberties, and political freedoms for all citizens. Substantive democracy refers to substantive rights and substantive laws, which can include substantive equality, the equality of outcome for subgroups in society. Liberal democracy emphasizes the separation of powers, an independent judiciary, and a system of checks and balances between branches of government. Multi-party systems with at least two persistent, viable political parties are characteristic of liberal democracies.

Governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedure. To define the system in practice, liberal democracies often draw upon a constitution, either codified or uncodified, to delineate the powers of government and enshrine the social contract. A liberal democracy may take various and mixed constitutional forms: it may be a constitutional monarchy or a republic. It may have a parliamentary system, presidential system, or semi-presidential system. Liberal democracies are contrasted with illiberal democracies and dictatorships. Some liberal democracies, especially those with large populations, use federalism (also known as vertical separation of powers) in order to prevent abuse and increase public input by dividing governing powers between municipal, provincial and national governments. The characteristics of liberal democracies are correlated with increased political stability, lower corruption, better management of resources, and better health indicators such as life expectancy and infant mortality.

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