Explain The Rule of Law

Explain the Rule of Law
According to the principle of rule of law, the law must be uniformly applied. The
rule of law, in its purest form, is the belief that no one is immune to the law. In
theory, rule of law was significant because it curtailed the ability of rulers to do as
they pleased. Human rights are increasingly being guaranteed by law in a growing
number of countries. According to [4], when the rule of law is threatened, judges
will exercise their authority over the law. [5] The case of Chu Keng Lim v. Minister
of Immigration is a good example to look at. Members of parliament amended
the migration act to permit the indefinite detention of those who are subject to a
restraining order from a court. [7] However, it was determined that parliament
did not have the authority to pass this law because it "spent the decision-making
with a subjective to arrest people in custody without enduring that the authority
was awarded in conditions which required to separate such imprisonment in
custody from together punishment and criminal guilt."
Punishment occurs when a government holds a citizen in jail against his or her
will. This process is strictly reserved for the purpose of determining guilt and
imposing punishment for criminal acts. The rule of law is absolute, and those who
break the law will be punished. In contrast, the courts rely on a concept known as
"precedent" to ensure consistency in their rulings, even though each case is
unique. With this in place, fairness is ensured for all involved. However, the
constitution does not provide any guarantees and allows the Governor General,
for instance, to exercise his or her power in a way that does not always adhere to
the rules, even though all current conventions adhere to the "rule of law."
The court "reasoned that since the constitution could be thought to allow a
system of representative democracy, this meant that debate was free," as stated
in the book Australian Politics by 13Hughes. [14] Indirect rights could be
discovered with the aid of this analysing sentence. [15] In a government where
some citizens aren't held to the same standards as others, the "rule of law"
principle becomes essential in order to prevent injustice.
In a democracy, the separation of powers refers to the distinct roles played by the
executive, the judiciary, and the legislature. [17] The rule of law cannot be
maintained without the separation of powers when law enforcement agencies
lack sufficient authority. It's possible for a monarchy to deteriorate into tyranny,
an aristocracy to morph into an oligarchy, and a democracy to devolve into
anarchy. [18] There are checks and balances between the legislative, executive,
and judicial branches of each government to maintain the rule of law. [19] There
are many parallels between the British system and Malaysia's own checks and
balances. This is because in a cabinet government, [20] the executive and
legislative branches cannot serve as checks and balances on each other. [21]
Parliamentary governments typically combine legislative and executive powers in
this way. [22] Historically, members of the Dewan Rakyat have voted for
Malaysia's Prime Minister. At some point, a future Malaysian Prime Minister will
face this [23]. The Young Delegates' Parliament Assembly (YDPA) is an integral
part of Parliament in Malaysia [24], despite its infrequent use. The Prime Minister
advises the YDPA on cabinet appointments (see [25]). [26] While the Malaysian
system borrows heavily from the British model, the Federal Constitution
nonetheless spells out the proper functions of each of the three branches of
government.
27
The concept of separation of powers is discussed in both political science and

constitutional law. When there is a distinct division between the legislative and
executive branches, [28] the rule of law is protected rather than the rule of men.
[29] Opposition parties across the world, including Malaysia's, frequently raise the
issue of separation of powers in the public sphere. Strict separation could cause a
backlog of paperwork in the United States. On the other hand, the President is
the only member of executive branch who answers directly to him (see also [31]).
[32] British jurist AV Dicey is credited with popularising the concept of "the rule of
law." Curiously, his home country does not adhere to the Separation of Powers
principle [33]. [34] It is debatable whether or not it is always detrimental to a
state for its executive and legislative branches to be combined in a Parliamentary
system. [35] It could lead to tyrannical rule or other positive outcomes. According
to Tun Suffian, this indicates that a Parliamentary Democracy does not have a
proper separation of powers. The Judicial Branch is distinct from the Executive
Branch and the Legislative Branch [37]. As a result, [38] the separation of powers
functions optimally when the judicial organs have the authority to make their own
decisions independently.
independent.
(c) Consider how the separation of powers contributes to a more just society.
(20 Marks)
The separation of powers doctrine depends on the rule of law to remain in place
and function effectively. Force-based rule is the antithesis of law-based rule. The
message is clear: the law takes precedence over individual freedom. We can only
speak in the broadest possible terms. The rule of law is a theoretical principle, so
its most crucial parts are debatable just like those of any other. Keeping the rule
of law in place depends in part on how clearly the separation of powers doctrine
is explained, despite the fact that the doctrine itself is complex and difficult to
understand. This issue of the Macquarie Law Journal examines the concept of the
rule of law and how far the concept of three equal branches of government (the
separation of powers) can go in promoting rule of law ideas.
In the context of delegated legislation, Caroline Morris and Ryan Malone both
agree that it is crucial to make preparations for the delegation of broad and
opaque powers to the administrative sphere. It is obvious that the legislature
should be able to delegate legislative authority to the executive branch. At the
same time, the model of government under law, which requires government to
adhere to openly outlined legal rules, is threatened if the administrative is given
free rein to end the primary rule of law. The rule of law is strengthened by the
doctrine of the separation of powers, which holds that legislative power should
not be distributed too liberally. The separation of powers implies that there
should be constraints on the transfer of power from the legislative to the
executive branch, even though there can't be a wall between the two in a
parliamentary system of government. One explanation is that the doctrine of
separation of powers was developed to prevent a single branch of government
from amassing too much authority. If the executive branch is given unrestrained
authority to pass legislation, this is more likely to occur.
In contrast, the Constitutional Court of South Africa has held that citizens are
safeguarded against the arbitrary and capricious exercise of any form of public
authority, including administrative action. In addition, the Constitution requires
that all governmental power be used in a "objectively rational" fashion, as the
Court has previously ruled. To justify its rulings, the Court cites the doctrine of the
rule of law, which it argues is an underlying principle of law in the South African
Constitution. This cornerstone of the constitutional order seems to give courts the
authority to halt government action in areas where the Constitution is silent,
setting normative limits on how the government can use its power beyond what is
written in the Constitution to ensure administrative justice. Even though they are
not listed in section 33, substantial unfairness and lack of proportionality may be
reasons for a review in this case.
We need to abandon the rule of law and the separation of powers doctrine in
favour of a more realistic discussion of the law..

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The concept of separation of powers is discussed in both political science and

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