There are several principles of the rule of law. These include the Formal, Procedural and Substantive principles. These principles are important for a free society. These principles must be respected by everyone in a society. The government must be accountable for their actions, and citizens should follow the law. This guarantees that no one is above the law and everyone has equal access to protection.
Principles of the Rule of Law
The Rule of Law is the system of rules that govern a society. It is a framework that provides a framework for ensuring fairness, equality, and respect for human rights. It includes procedural requirements that ensure that justice is served by competent, independent, and impartial representatives with sufficient resources. The rule of law is a core constitutional principle that is interconnected with the principle of separation of powers. Separation of powers protects the rule of law by preventing unequal power distribution in society, and it also recognizes the distinct significance of different stages in the making and application of laws.
The Rule of Law is the foundation of a constitutional democracy. It applies to all citizens equally and fairly. It also separates the power of the executive, legislature, and judiciary. Those who create and enforce laws should be representative of the people. In addition, laws should be simple and understandable to the public.
In a legal system, formal law includes rules that are created by an institution. Informal law, on the other hand, refers to customary practices and unwritten norms. When formal and informal law are mixed, illegitimate processes can arise. These conflicts can lead to the imposition of formal law.
There are several features that distinguish formal and informal law. Formal laws are generally more general and stable. They also tend to be followed by courts.
Procedural law is the rules by which courts decide civil, criminal, and administrative cases. Often known as “remedial law”, procedural law is important to understand when dealing with legal matters. These laws govern court procedures and help to ensure that everyone involved in a case receives the right resolution.
While procedural law has no direct bearing on the merits of a case, failure to follow them can severely damage a party’s chances of winning. There are always arguments made for and against procedural laws, including the need to protect the rights of individual citizens and prevent judges from making decisions based on their own personal preferences.
Substantive law deals with the legal rights and obligations of individuals and the state. It is different from procedural law, which regulates how and when to initiate a legal case. Substantive laws also specify the punishment for crimes. In addition, procedural laws regulate how proceedings will be conducted. Both types of law are regulated by statutes or Acts of Parliament.
According to Prof. Ian Ayers of Yale Law School, substantive law is the set of laws that determine the fate of a case and the amount of compensation awarded. Procedural law, on the other hand, only tells how the legal process should be conducted.