Three, Ain Concepts of Legislation

 Three, Ain Concepts of Law Study Paper

Waltham forest International University or college in Tashkent

Certificate of International Basis Studies

2012 - 2013

Summary of law

Introduction to law

Scholar's ID number | 00002345

Module name| Introduction to regulation

Module code| 2UZF316

Tutor| Kholidakhon Sabirova

Individual assignment|

Group assignment|

Submitting deadline| 18 March 2013

For Academics Registrar use only

In today`s modern universe the law of various countries is made or based upon different different languages. Various technics are applied and made for society with mostly varied structures, rules and values. Thus, to be able to identify the entity and features of legislation system in various countries of world, there ought to be consideration to contemplate the well-established concepts. The offered coursework supplies a comparative evaluation of three following concepts namely: rule of rules, rule of man, and rule of god. Exactly, aforementioned exploration concerned with the next issue: to characterize each given concepts, describing positives and negatives points; to look at forceful strategy by taking into consideration a country as a model of an appropriate system. The rule of law

Aristotle claimed, " The rule of law surpasses that of anybody. " Within the principles with the rule of law, regulation has supremacy and it can always be functioned like a tool to cope and curve against a great abuse of power. In respect to infamously chauvinistic teacher AV Dicey, In Introduction to the study of what the law states of the Cosmetic (1885), he distinguished three essential attribute which collectively make the regulation of legislation to be indicated in his very own version. Thus, the initially element is usually an lack on the irrelavent power on the part of the state. That claims that in order to avoid preventing state simply by arbitrary discretion of expert, the discretionary power should be limited by remaining under the regulation and it ought to be belong to the control of legislation. In this manner Dicey says that arbitrary superiority can be been with us in any magnitude of form which should be coped to avoid that. The second idea is the Equality before the regulation. It means the equality of presidency and person before the rules, and none of them has divergence to be above the law. The last stage is the supremacy of common law. Which means that all arguments between people and govt are regulated by legal courts based on ordinary law of land. Taking into consideration the whole above mentioned explanation, " limitation” can be associated as being a word of meaning with the rule of law, by simply limiting the authority of discretional power in order to control the proper rights. As a blueprint of the secret of law, Germany can be reflected since an appropriate case after staying defeated in the Second World War and after having been occupied by the Soviet-Union. In that time Germany was established as being a German Democratic Republic, in 1949 the constitution was instituted because " the fundamental law”. Regarding the first article of the basic legislation, it states: ‘Human dignity shall be inviolable. To esteem and guard it should be the duty of all state authority'. The cosmetic of Germany stays inside the protection of human legal rights and which makes them inviolable in a high extent. From this point of view only the rule of law can be viewed as as the best fundamental notion ideal for producing the successful law program, which keeps the soundness in the country. Normally, without guideline of legislation, criminal and politically determined violence will certainly perpetuate the threat that warring parties posed during violent discord. A terribly functioning justice system will permit petty criminal offense, violent criminal offense, politically and ethnically encouraged crime, sex and home violence, and arranged criminal activities to blossom The guideline of gentleman

The rule of man (or people) is definitely the contradiction to the rule of law, which usually estimates the discretionary electricity as a critical tool of the government to rule arbitrary. The superiority of verdicts claimed simply by authority of man can be dictator. Hence,...

References: Shmitt. K, Dictatorship (1st, 2005)

М. Н. Морченко, Теория государства и право (2nd, Московский институт, Проспект 2005) 2006

'Dictatorship Russia, China and tiawan, Iran and North Korea ' (Keneth Howlett 2006) accessed 15. 03. 2013