The Role of the Courts in Upholding the Rule of Law

Written by adminss on November 8, 2022 in News with no comments.

Law

Law is the body of rules governing behavior, and it is enforced by governmental and social institutions. Law is a complex subject that has many definitions, ranging from a scientific study to the art of justice. This article will discuss the various aspects of Law and its role in society. It also looks at the role of the Courts in the upholding of the rule of law.

Legality

Legitimacy is an important consideration for determining how law is used and applied. It helps us understand how law fits into a larger political and social structure. Unlike the notion of “right,” which relates to efficiency, legitimacy focuses on a system’s ability to use force.

Legal norms

Legal norms are principles that govern behavior, and they can be classified into primary and secondary rules. A primary rule can be recognised, changed, or adjudicated. However, deciding what a particular legal norm means requires legal reasoning and interpretation.

Public knowledge of norms

In an ideal society, law would operate as a stable set of norms known to the public. Hence, law would be promulgated in advance of individual responsibility, and it would also be proactive. The concept of public knowledge of norms in law is crucial to understanding the effectiveness of cooperation policies.

Courts’ role in maintaining rule of law

The courts play a central role in society, upholding social order and resolving conflicts through precedents and pre-existing norms. These precedents must be issued through legitimate procedures recognized by the political system. Judges themselves are subject to law and their decisions must follow a set of principles and guidelines. The law is a product of the society and reflects the expectations of its citizens. The decisions of judges therefore represent the values of the society.

Formalism vs legal realism

Legal realism and formalism are two opposing concepts that focus on the nature of the judiciary. The former emphasizes predictability, while the latter emphasizes progressive outcomes. Both philosophies draw their inspiration from various legal systems, and both emphasize the need for judges to interpret laws according to specific principles.

Legal pragmatism

Legal pragmatism is a philosophical perspective that challenges the conventional ways of thinking about law. Its proponents argue that classical theories of jurisprudence do not accurately reflect the reality of law. For example, legal pragmatists consider the classical model of jurisprudence to be unreliable because it does not explain the legal institutions and processes that it describes.

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