Law is a set of norms that govern society. Its purpose is to promote and protect the well-being of society and individuals. It should be an epistemically accessible body of norms that people can learn, internalize, and use as a guideline for a fair and just society. It should also be accessible to ordinary people and serve to settle disputes and protect citizens from abuses of power. It should promote independence of the judiciary and ensure accountability for government officials and integrity of legal procedures.
Rule of law
The rule of law is a political philosophy that holds all citizens, institutions, leaders, and lawmakers to the same set of laws. This approach makes all citizens accountable for their actions, regardless of political party affiliation. It is the most important part of the democratic system. It is the basis of freedom in a democracy, and it is the foundation of a just society.
Rule of law has been around for millennia, and it has always been a strong political ideal. We must understand the historical roots of the term to understand its contemporary relevance.
Common law
Common law is the legal system in which decisions are made by courts. Unlike statutory law, which is frozen in time, common law is constantly evolving. The courts do not strictly adhere to precedent and can change the law based on changing trends and popular thought. This means that common law can change dramatically over the course of a decade without a sudden break. Unlike statutory law, however, common law is difficult to start, and legislatures tend to put off enacting new laws until a situation becomes so bad that it becomes unbearable.
In addition to determining the validity of a case, common law judges use precedents in their reasoning in court. This means that past decisions are likely to influence a jury’s decision, and this can make the common law system less favorable to certain groups.
Legal precedents
Precedents are rules of law that are used as guides in legal cases. They are created to establish stability and predict the outcome of a case. Moreover, they serve as guides for judges. There are two types of precedents: broad precedents and narrow precedents. Broad precedents refer to rulings made by the majority of the justices. They govern many areas of law and save time. Narrow precedents are those made by a few justices.
Common law does not contain formal statutes; rather, it is based on legal precedents created by courts and judicial authorities. Legal precedents, also called case law or stare decisis, represent the history of judicial decisions and can be used in future cases.
Access to justice
Access to justice in law is the ability of people to seek redress in a formal or informal institution of justice. Such systems must meet minimum standards of human rights. In addition, citizens must not be afraid of the justice system, have adequate information about their rights and have access to a lawyer. The problem is that weak justice systems often inhibit citizens from seeking justice. In addition, it’s important to establish normative legal protection, legal awareness and adjudication, and civil society oversight to ensure that citizens have access to justice.
Increasing access to justice involves the strengthening of formal rule of law institutions while also ensuring that informal practices are aligned with international human rights standards. This involves engaging the non-state and religious sectors in the process of enhancing access to legal justice.
Political basis of rule of law
The political basis of rule of law has become an important topic of debate since the end of the Cold War. It has been shown that an excessive emphasis on the rule of law tends to create a climate of fear and distrust and closes down the faculty of independent moral judgment. This in turn, makes citizens fearful and insecure in times of uncertainty and distrustful of individual judgments.
The political basis of rule of law is a necessary element of democratic governance. It requires measures to ensure the supremacy of law, equality before the law, and fair application of the law. It also requires transparency and accountability of government officials and legal procedures.