Constitutional and administrative law
- The national stability and security of citizens
- Equality before the law the rights of private persons
- A clear balance between powers
- International level
The rule of law' is a system of rule in which the relationship between the State and the individual is governed by the law, protecting the individual from arbitrary state action.The rule of law is better understood by translating it into French as 'primauté du droit'. Since the creation of the Constitutional Council in 1958, France can be fully described as an 'Etat de droit'. In the UK, the term 'rule of law' is especially important given that there is no codified Constitution against which the conduct of the Government can be judged. This principle has been found by Dicey, at the end of 19th century, who regarded the rule of law as one of the 'twin pillars of the Constitution', the other one being parliamentary sovereignty. However, this principle might be only utopian, theoretical hard to put into practice although it is one of the key dimensions that determines the quality and good governance of a country.
Constitutional and administrative law: The concept of the Rule of Law as defined by Dicey
«Introduction. The Norman conquest. The three elements of law. The key principle of English law. The first element of Dicey's definition. The second element of Dicey's definition. The principle of legality. The substantive conception. Liyanage v The Queen. Seperation of...»
«"The concept of the Rule of Law as defined by Dicey still remains valid: it provides a measure against which we can judge the attitudes and actions of Parliament, Government and the courts." Explain what is meant by the concept of the rule of law. To what extent is the statement above...»
Belgian administrative law: Definition, characteristics and sources
«Definition. Characteristics of the Belgian administrative law. A law designed to regulate an activity pursuing the satisfaction of needs which is identified as that of general interest. A variance from the ordinary law?. The Jurisprudential Right. Sources. International law. The...»
«Administrative law is a set of legal rules other than constitutional law that establish the organization, functions and working procedures of the administrative structures of the state. It comprises all the legal rules, other than constitutional law. The Constitution is the foundation of...»
Assessing the impact of parental marital status in relation to Irish child law: should...
«Introduction. A fundamental role of parents’ marital status which is highly consequential on Irish child law. An overview of Irish child law about the issue through Constitutional provisions and case law. An issue having critical consequences on children’s rights. Should the...»
«"It cannot be contested that a person born outside marriage, is a human person, equal to one born within marriage" . In this statement, Justice Walsh points out the differential treatment between marital and non-marital children which is derived from the Irish Constitution. By letting non-marital...»
Muslims and Violence
«Introduction. Evolution of Islamic political thought. Scope of Islamic political thought. First seeds of Islamic political discussions. First Islamic political writings. The Political blockage in the muslim world. Crisis of Legitimacy. Failure in Performance. Conclusion.»
«Writings about a potential relationship between Islam and violence are abundant whether in the Muslim world or in the Occident. Islam is a fast growing religion but certainly not because of violence or constraint.On the other hand, Muslims are suffering from a multitude of crises, especially...»