The Rule Of Law And Its Effect On Society - 1684 Words

There is no single agreed definition of the rule of law, however, there is a core definition that has near universal acceptance. The rule of law at its most basic level is the concept that both the government and citizens know the law and obey it. The rule of law however encompasses more than this, where its relevance and understanding its concepts can be seen in its effects on society. The importance to society and a country that adheres to it and can ensure that all are accountable to the law, where it is clear, known and enforced. This is aided by a Court system that is independent and resolves issues and disputes in a fair manner, where all are presumed innocent until proven guilty, where the punishment is determined by the Court and is proportionate to the offence. In Australian public law, the rule of law operates as an underlying principle of legality, constraining government action. Federalism: The Constitution divides law-making powers between the Sate and Federal governments. Most of the Commonwealth’s powers are set out in Section 51, where it establishes 39 areas where the Federal Parliament are able to create laws. The law making powers are also held by the State Parliaments, meaning they can also make laws. The areas in which they both can create and make laws are taxation, trade, immigration, commerce, emigration and external affairs. However, the Commonwealth Law will prevail if there are any inconsistencies between the two laws created by each bodyShow MoreRelatedThe Field Of Legal Theory Is Continually Being Refined1469 Words   |  6 Pagesthat deal with how the law is and does not address what the law should be; those two fields are legal positivism and legal realism. Of the two primary schools of thought, legal positivism is the more common, and it defines the law as it â€Å"is found in the actual practices or institutions of society. Two of the most notable authors of legal positivism are H.L.A. Hart and Hans Kelsen both were heavily influenced by ideas of the Enlightenment, however each had a different effect on the thinking of eachRead MoreThe Obligation of the European Union to Open Their Boarders to Syrian Refugees1071 Words   |  4 Pagesshow that it is the moral and ethical duty and obligation of the European Union and its member states to open its borders to Syrian refugees. A. Situation in Syria based on UNHCR Report The situation in Syria is an unstable, violent one with the effect, that the women, children and the civilian population are facing huge problems avoiding violence. There are approximately 4.1 million registered refugees from Syria in the Middle East expected by the end of 2014 and approximately 9.3 million affectedRead MoreThe Law Is An Effective Instrument For Creating Social Change1342 Words   |  6 PagesNikolay Makarenko 1001358657 Brenna Keatinge FINAL PAPER The law is an effective instrument for creating social change in society. Social change is an important factor in our everyday life, it serves as a continuous process, which creates alternatives and adjusts the ways to the way we live, reshapes out culture. This is the reason why some cultures may have different living standards than others, where you would be able to seek differences not only between the cultures themself, but also withinRead MoreThe Concepts of Law, Authority and Justice Essays1187 Words   |  5 PagesConcepts of Law, Authority and Justice Laws in this sense mean prescriptive legal rules, as opposed to descriptive patterns of cause and effect in nature. They are the laws of society’s making, rather than the laws of science. There are certain characteristics of these laws; they are designed and implicated by society for society, they reflect the conventions of the society which generates them, they are prescriptive which means that their members of that society must orRead MoreRelationship Between Classical And Modern Positivism1320 Words   |  6 Pagessuch as Hart and Raz provide a successful definition of law. Legal Positivism Legal positivism is a prominent concept of the nature of law in jurisprudence. It is a philosophy of law that highlights the orthodox nature of law which is that the law is socially constructed and that the existence and content of law depends on social facts and not on its merits. John Austin, an English philosopher, devised this idea stating that: ‘the existence of law is one thing; its merit and demerit another. WhetherRead MoreThe Effect On The Rule Of Law1742 Words   |  7 PagesWhen the rule of law has been established by societal conventions, it can be changed when the government coerces the enforcement of unfair rules. When the rule of law is established through the government, smuggling will often undermine it because the law is not being applied equally to the smugglers, and they gain an unfair advantage in the market. One can argue that the smugglers are responding to unfair tariffs that prevent the rule of law because they as importers have to a tax that domesticR ead MoreDiscuss How the Family, Education, Religion, Media, Political and Legal Systems Are Used to Maintain Social Control†929 Words   |  4 Pagessocial order and social control. For society to exist there must be order and predictability and to ensure this some measures are to be taken. As such social control is simply all the mechanisms a society would put in place to ensure conformity and compliance of its members. This is significant to the economy to guarantee that people live in peace and that crime rates decrease in order for society to move towards a developed status. The Caribbean of all societies need to have proper social controlRead MoreThe Privacy Of The Hipaa Privacy Laws1325 Words   |  6 Pagesit. The HIPAA Privacy Rule locked away the once open book of patients’ medical information in a safe solely controlled by the patient. This federal law, created by the U.S. Department of Health and Human Services, became the â€Å"first federal healthcare i nformation privacy law†, and addresses patients’ rights pertaining to their medical information (Solove 5). In order for patients to continue to have medical privacy and control over their medical records, the HIPAA Privacy Rule needs to remain a stronglyRead MoreCriminal Justice and Leading U.S. Supreme Court Cases, Annotated Bibliography1035 Words   |  5 Pageskey terms is a source reference with respect to criminal law, constitutional law, and criminal procedure. The major focus of this book includes explained mandates of over 1000 U.S. Supreme Court cases and this book details key terms and definitions. Grant, H.B. and Terry, K.J. 2008: Law Enforcement in the 21st Century. (2nd ed.). Upper Saddle, River, NJ. Pearson/Prentice Hall. Law Enforcement in the 21st Century gives an extensive view of law enforcement practices at all levels and the limitationsRead MoreRoles and Functions of Law1035 Words   |  5 PagesRunning head: Role and Functions of Law Role and Functions of Law LAW/421 University of Phoenix Role and Functions of Law Every civilization that has existed has implemented rules that govern how that civilization should live and act, these rules and practices are what we call laws. The definition of law according to Merriam-Webster (2012), a binding custom or practice of a community: a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling