How does rule by law relate to limited government?
|
At its most basic level the rule of law is the concept that both the government and citizens know the law and obey it. A good definition of the rule of law that has near universal acceptance states “…most of the content of the rule of law can be summed up in two points: (1) that the people (including, one should add, the government) should be ruled by the law and obey it and (2) that
the law should be such that people will be able (and, one should add, willing) to be guided by it.” – Geoffrey de Q. Walker, The rule of law: foundation of constitutional democracy, (1st Ed., 1988). The relevance of the rule of law, and an understanding of its concepts, has its origins in the Magna Carta and the Rule of Law Education Centre
uses the Rule of Law Wheel to start discussion about the question “What is the Rule of Law?” Central to the wheel and the rule of law is the concept that no one is above the law – it is applied equally and fairly to both the government and citizens. This means that all people, regardless of their status, race, culture, religion, or any other attribute, should be ruled equally by just
laws. Beyond this, the outer edge of the wheel illustrates a number of interrelated principles that
reflect the rule of law in Australia, such as the presumption of innocence, and fair and prompt trials. These principles can be considered essential elements that contribute to maintaining the rule of law. Without these, the wheel would fail to turn and Australia’s rule of law would not continue to be upheld and maintained.
Another essential element is that these principles and Australia’s rule of law is supported by informed and active citizens. Without responsible and engaged citizens, society is unable to work together to uphold important principles and values which support our rule of law and democratic
society. Judge Culver of the District Court of NSW outlines the essential features of the rule of law. Her Honour then illustrates the rule of law in action with a fictional case of someone being given a package by a stranger and the differing treatment by the police and courts depending if the rule of law is alive and well. The Magna Carta established the rule of law and the idea that all citizens, including those in power, should be fairly and equally ruled by the law. The Magna Carta ensured the King is no longer above the law. we are ruled by the law and the law alone, a qualified Independent Judiciary, confidence in Fair Process and the law is known by all Magna Carta: Foundation of the rule of law Worksheet Why is the Rule of Law Important for Society?The rule of law is important because a country that adheres to the rule of law results in a society in which:
As a result, it can be said that the Rule of Law is more than simply the government and citizens knowing and obeying the law. The Rule of Law involves other ideals, for example that citizens remain active and informed and participate in the creation of just laws which regulate their behaviour and protect human rights. At its heart, the Rule of Law is an ideal or an aspiration, that members of a society must continuously work towards. The rule of law is essential in maintaining a free, democratic and fair society.Rule of Law VideoThis video introduces the concept of the rule of law and provides some examples of ways in which the concept supports fairness and certainty in the legal system.
Lecture Series with Kevin Lindgren AM QCThe Hon Kevin Lindgren, former Justice of the Federal Court of Australia, was appointed Adjunct Professor of the rule of law at the University of Sydney in 2012. He has lectured extensively on the concept of the rule of law and has produced a paper entitled ‘The Rule of Law: Its State of Health in Australia‘. Professor Lindgren’s other lectures include:
What is limited government related to?Limited government is closely associated with constitutions; the United States Constitution of 1789 and the French Constitution of 1793 were both enacted in an effort to reaffirm limited government, although in different ways.
How are the concepts of limited government and rule of law related quizlet?Limited government is the principle that the powers and functions of government are restricted by the U. S. Constitution and other laws. This principle is also known as the rule of law, the concept that every member of society, including the ruler or government, must obey the law and is never above it.
How does the government follow the rule of law?The government as well as private actors are accountable under the law. The law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as property, contract, and procedural rights.
What is an example of a limited government?The US government is a prominent example of a limited government. The US constitution limits the power of the federal government. Countries like America, Australia, Japan, and India follow a similar structure of governance.
|
