Rule of Law: The principle that all individuals and institutions are subject to and accountable under the law that is fairly applied and enforced. It ensures that no one is above the law and that laws are transparent and consistent (see source content).
Sources of Law:
Legal Positivism: A theory asserting that law is a set of rules created by human authorities and that its validity is not dependent on moral considerations. According to H.L.A. Hart (1958), law is valid if it is created according to the rules of the legal system, regardless of moral content.
1. What does the term 'Sources of Law' refer to in the context of legal principles?
2. Who authored the influential work on Legal Positivism in 1958?
3. What is the primary role of legal rights and freedoms in a democratic society?
Rule of Law β definition?
All are subject to law, enforced fairly.
Sources of Law β types?
Statutes, common law, customary law.
Legal Positivism β key idea?
Law's validity depends on proper creation, not morality.
Natural Law β core concept?
Laws should reflect inherent moral principles.
Precedent β principle?
Courts follow previous decisions for consistency.
Constitutional Supremacy β meaning?
Constitution is the highest law, all laws must conform.
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