LLB CONSTITUTIONAL LAW- THE RULE OF LAW- скачать в хорошем качестве

LLB CONSTITUTIONAL LAW- THE RULE OF LAW-

The Rule of Law—Relevance, Application, and Limits This video delves into the foundational principle of the Rule of Law, exploring its relevance, practical applications, and limitations in constitutional governance. As a cornerstone of constitutional democracies, the Rule of Law ensures that all individuals, institutions, and the state are accountable to laws that are public, equally enforced, and independently adjudicated. The concept transcends legal systems and cultures, addressing both universal principles and contextual challenges. Key Themes: Meaning and Core Elements: Supremacy of Law: Law governs all, including the state. Equality Before the Law: Everyone is subject to the same legal standards. Accountability: Governments and officials are bound by law. Fairness and Legal Certainty: Laws must be transparent and uniformly applied. Procedural Transparency: Public participation in lawmaking is essential. Historical Perspectives: From the Code of Hammurabi and Magna Carta to modern constitutions, the Rule of Law has evolved as a safeguard against arbitrary governance. Influential cases like Entick v Carrington and Marbury v Madison highlight its development in limiting state power and protecting rights. Theorists and Philosophies: A.V. Dicey emphasized legality, equality, and rights under common law. Joseph Raz and Ronald Dworkin debated procedural versus substantive interpretations of the Rule of Law. Lord Bingham’s modern articulation underscores human rights and accessibility. Contemporary Applications: The Rule of Law in constitutional frameworks ensures separation of powers, judicial independence, and protection of rights. Examples from Ghana’s 1992 Constitution and landmark cases illustrate its role in advancing justice and accountability. Challenges: Emergencies, military regimes, and national security concerns often test the Rule of Law’s resilience. Issues like corruption, resource constraints, and cultural relativism affect its implementation globally. International Perspectives: Documents like the Universal Declaration of Human Rights and initiatives by the UN and World Justice Project underline the Rule of Law’s global importance. Regional frameworks in the EU and AU promote adherence to this principle. Critiques and Debates: The Rule of Law faces critiques for abstractness, potential for perpetuating inequality, and Western-centric biases. Balancing universality with cultural specificity remains a challenge. Case Studies and Examples: Key judicial decisions from Ghana and international contexts, including Re Akoto, Shalabi v Attorney-General, and Liversidge v Anderson, illustrate the Rule of Law’s application, tensions, and judicial responses during crises. The Rule of Law is vital for justice, democracy, and rights protection. Ghana’s legal history, shaped by colonial legacies, military regimes, and constitutional progress, offers a lens to understand its practical challenges and opportunities. Adapting to contemporary realities while preserving its core values is crucial for fostering fair and inclusive societies. 2/2