Please enable JavaScript.
Coggle requires JavaScript to display documents.
THE RULE OF LAW - Coggle Diagram
THE RULE OF LAW
-
-
DEFINITION
FORMAL
Narrow conception of the rule of law => ancient idea that a country is ruled according to a set of principles rather than left in anarchy and that all powers in society should be subejcts of rules => Both the P and the governed should keep these rules and abide by them.
It's a limited defintion and this defintion is lacking of certain elements to be considered as a good definition of ROL
SUBSTANTIAL
Broader conception of the rule of law => More large than the formal one => it assesses the legal system in the lights of these rights. Therefore , legal rules complying with these values are considered as good laws while legal rules which do not comply with these rules are considered as bad laws.
According to this definition => the ROL must capture the rights that the individuals are entitled to in a judge society => what the powers of the Government must be and in particular the limits, and they’re not only concerned by the question to know if
the Government followed the procedural rules to take a certain decision.
The idea is to express the fact that the Government’s powers are limited and not only by the procedural requirements of fairness but also by substantive boundaries about human rights and civil liberties which allow the control of the Government’s powers.
-