A key role played by law is in providing access to justice for the public. Whether a person is a victim of crime or the perpetrator, the legal profession is a crucial part of access to justice. In addition to the legal profession, civil society also plays an important role in providing access to justice. Civil society includes social institutions, partnerships, and communities. In addition, it forms the political basis for law.
The Rule of Law
The Rule of Law is a conceptual framework that aims to establish a society in which law is the supreme authority. It involves the promulgation of laws that have public legitimacy and are subject to public scrutiny. According to this framework, law is a purely formal concept and should not be influenced by personal preferences.
The Rule of Law is the principle that everyone in a society should be equal before the law. It implies that there should be no exceptions to laws, and that no one is above the law. This principle also includes the idea that the government is subject to the laws of the land as much as the citizens are.
The rule of law must be accessible and understandable to laypeople. Most modern law is highly technical, and laypeople will often need the advice of experts to understand it. Consequently, in order to preserve the Rule of Law, it is crucial to ensure that the professions that practice law are highly qualified.
Its relationship to other ideals
There are several views on the relationship of law to other ideals. One viewpoint, which is often referred to as positivism, holds that law is simply a system of formal rules. The other view, known as natural law, holds that law is a set of moral principles. While both perspectives have important points of agreement, they disagree on the precise relationship between law and other ideals.
The ideal of law can be seen as an institution that restrains and regulates power, but the actual functioning of this ideal is not clear. This view is often at odds with modern legal theories, and it is at odds with central philosophical positions about the nature of law. To understand the relationship between law and other ideals, it is helpful to understand the role of ideology in law.
Its relationship to political structures
In the United States, one of the most important pillars of the Rule of Law is the separation of powers. In this sense, the separation of powers refers to the independence of courts and judges from the other branches of government. The separation of powers is a constitutional principle that embodies the principle of “equal protection of the law.” The separation of powers reflects a concern with unhealthy power concentration within society and the separate and distinct significance of stages of the lawmaking and application process.
The Rule of Law is not an abstract ideal, however. It has existed in political traditions for millennia. Without this historical heritage, modern understandings of Rule of Law cannot be properly assessed.