The Basics of Law
In a country that has a rule of law, laws are established and enforced to achieve certain objectives. These objectives include freedom of expression, justice, and access to information. However, a rule of law does not necessarily mean a government that is above the law. As with any other institution, there should be checks and balances to ensure that laws are applied fairly and effectively.
Principles of the Rule of Law
One of the most fundamental concepts in liberal political morality is the Rule of Law. While Rule of Law may not be the sole goal of a political system, it does serve as one. It is a key element of a political system that takes the edge off of the exercise of power by making it predictable, non-arbitrary, and non-peremptory. It also creates a bond of reciprocity and mutual constraint that mitigates the asymmetry of political power.
Sources of law
Sources of law are the authoritative documents that give rise to laws and regulations in a particular country or area. They can include laws, regulations, court decisions, and custom. Not all sources of law are equally valid, however, and may not be regarded as authoritative.
Human rights component
Human rights are fundamental rights that each and every person has under the law. They include the right to information, the right to participate in community life, and the right to a fair trial. Human rights are fundamental to the Rule of Law and contribute to the stability of a country’s legal system. They also promote predictability, guarantee equality, and improve economic growth.
Formal aspects
The formal aspects of law are the processes of implementing the law. These processes are rooted in a fundamental theory of law. This theory argues that law is a system of rules and norms. It can also be defined as a framework for the social order and is an expression of human dignity.
Procedural aspects
In legal terms, procedural aspects of law define the rules that govern the way that cases are handled. The process of filing a lawsuit, gathering and sharing evidence, trial, and settlement are all part of procedural law.
Substantive values
There are two primary types of law: procedural law and substantive law. Both protect individual rights and regulate the inherent rights of a state. Substantive law is derived from the common law, statutes, and the constitution. For example, a state or federal statute that gives an employee the right to sue their employer for employment discrimination is a substantive law.