What are the challenges we face today to uphold the rule of law? What about in the future?

Answers

Answer 1

Answer:

Anyone who holds that what matters most in politics is having the right people in power and not how power should be constrained will be unconvinced of the value of the rule of law. Neither will anyone who believes that institutions of public power are merely instruments of the ruling class that need to be dismantled rather than merely constrained. For the majority of modern democratic societies, however, the rule of law’s requirement that both rulers and the ruled be accountable to the law is of unquestionable value. To be sure, in the modern world, it is the liberal tradition that values the rule of law most highly. Liberals who are concerned with ways of protecting (and realizing) liberty in some form and averting threats to it view the rule of law as an overarching source of security. Nonetheless, there is substantial disagreement even among liberals over what exactly counts as a faithful application of the term and, even when that is pinned down, how it is to be accomplished.

In itself, the notion of the rule of law is not a faithful description of any state of affairs but a complex ideal that is even more complex to realize. Thus, there is reason to be skeptical about whether societies necessarily benefit from all that might be invoked under the term. The independence of the judiciary, for instance, is clearly a problem if the independence is misused to foster the sectoral privileges of judicial personnel or to allow unchallenged interpretations of the law. Heavy emphasis on the formal aspects of the rule of law—for example, on procedural justice—may distract from the content and consequences of those laws. Critics of a strictly formal conception of the rule of law argue that too much attention to legal process generates significant vices of its own in the form of exaggerated legalism and neglect of the political or real-world dimensions of legal conflicts. Excessive veneration of the law and legal procedures may be too costly if it inhibits independent social assessments of the merits of a given policy proposal or if the official mandate of “blindness” gives legitimacy to actions performed “according to the law” even when most people would oppose such acts. Some writers have charged, moreover, that the increasing domain of judges and lawyers—indeed, their encroachment into areas previously left to politicians and the electorate—entails the loss of much that is politically and democratically valuable.

In short, too much emphasis on procedures for preventing arbitrariness can lead to subverting the doing of justice according to what might otherwise find support in the rule of law, and the legal strictures then become themselves a form of arbitrariness that is no more legitimate. On the other hand, those who defend the negative value of the rule of law object to more substantive understandings of the ideal on the grounds that morally ambitious aspirations about the rule of law threaten to purge the concept of its specificity and usefulness. They argue that to open the concept to a whole host of extralegal considerations about substantive justice and wider societal goals is to conflate ideas about “the rule of law” with notions about “the rule of good law,” such that any distinction between the two is reduced to nothing. As a consequence, no discussion of the rule of law can be complete without some philosophical reflection on law, including on its purpose and meaning.


Related Questions

what is the economy of east river valley??

Answers

Answer: The East River itself was used as natural boundary point by the early surveyors dividing up the many grants of land given to the pioneers. Plots ranging from 100 to 500 acres were established along the riverbank and expending in a rectangle shape upwards to the valley hills and beyond. In the year 1784, our major East River towns of New Glasgow ...

Explanation:

What is one of the defining characteristics of the modern era?

Answers

Answer:

In the west, the definining feature of the modern era is the development of all forces of modernity, i.e., science, reason, democracy, liberty and equality. Medieval is in fact a term that is used to describe a societal period that lacked all these features.

Explanation:

South American cowboys dressed just like US and Mexican cowboys.

true or false?

Answers

Answer:

true because the US and the Mexicans are dress alike

Explanation:

Why was the plague called the "Black Death"? What were some of the common symptoms

Answers

Why was the plague called the "Black Death"?

The plague was called the "Black Death" because most people who got the epidemic passed away, and because it was a bubonic plague there was no cure at the time. They called it that because of how bad it was, and it ended the lives of many.

What were some of the common symptoms?

Some common symptoms of the "Black Death" were that the patients developed a sudden fever, headache, and chills and gradually grew weak because of their swollen and painful lymph nodes.

What was the impact of new farm equipment on urban Americans?
ОА.
New machinery contributed to soil erosion, which led to the Dust Bowl.
OB.
New machinery led to overproduction, which led to an increase in the price of food.
Ос.
New machinery led to new jobs for individuals such as sharecroppers.
OD.
New machinery led to the banking crisis since farmers were unable to pay off loans.
Reset
Next

Answers

The impact of new farm equipment on urban Americans was that it

contributed to soil erosion, which led to the Dust Bowl.

The introduction of new farm equipment brought about drought and dust

storms in some parts of the country in the 1930s.

These drought and dust bowl was as a result of overcultivation which led to

destruction of the uppermost layer of the soil and didn't provide enough

support to the root of plants. It also led to occasional dust storms in the

affected areas.

Read more on https://brainly.com/question/25301002

Answer:

New machinery contributed to soil erosion, which led to the Dust Bowl.

Explanation:

Correct on Edmentum

The origin of which oral tradition is usually unknown?
myths
legends
folktales
All of these

Answers

Answer:

myths......................

How did the printing press help spread knowledge and ideas throughout Europe?

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Answer: Because of the wide availability of Bibles,the invention of the printing press actually spread the idea of Christianity even further around Europe, and soon to other countries around the world. Also during the Reformation, Printing helped spread Protestant religion ideas such as Lutheranism.

Explanation:

because i looked it up

(100 points)
Comparing our founding documents (15 points)



Declaration of Independence

Articles of Confederation

Constitution

Date created (1pt each)




Purpose - why was it created? (2pts each)




Lasting Impact - why is it still important? (2pts each)

Answers

Answer:

what's going on

Which of the following is true of the Voting Rights Act of 1965 ?

Answers

Answer:

Prohibition of racial discrimination in voting

1. What technique did James Creelman use in 1898
to arouse American sympathy for the Cubans?

Answers

Answer:

spanish general Valeriano Weyler y Nicolau had been conducting a policy of reconcentration, forcing Cubans living in certain cities to relocate en masse to military camps, for about two years

Limiting expression of personal opinions or beliefs is a proper function on government

True False ?

Answers

Answer:

So, no, the government can't limit it. False, I think? (I am kinda confused on your question, so, I gave the best answer I could)

Explanation:

The First Amendment guarantees our right to free expression and free association, which means that the government does not have the right to forbid us from saying what we like and writing what we like; we can form clubs and organizations, and take part in demonstrations and rallies.

Critically examine the educational implications of Leopold Senghor’s ideas to development of western education​

Answers

Answer:

answer

Explanation: could you possply explan it better

What was the impact of Spain’s silver trade with Asia?
It decreased the price of silver.
It created the first global economy.
It opened the first European trade route with Asia.
It led to a decline in trade in the Americas.


who ever answers first is brainiest

Answers

Answer:

it opened the first European trade route with Asia

I need help, my teacher gave me a study guide but i literally got stuck on the third question of it.

Answers

Answer: Number 3 is the answer

Explanation:

Explain the terms and sessions of the two houses?

Answers

Terms:- The legislative branch of the U.S. government is called Congress. Congress has two parts, the Senate and the House of Representatives. Congress meets in the U.S. Capitol building in Washington, DC.

Sessions of Parliament -

Budget session: January/February to May.

Monsoon session: July to August/September.

Winter session: November to December.

Who funded the construction of Islamic mosques and libraries in the mideavel era?

A. architects
B. philosophers
C. Muslim scholars and merchants
D. wealthy citizens and rulers​

Answers

Answer:

C

Explanation:

i said so

Explanation:

(D)Wealthy citizens and rulers is the correct I think if no so sorry

Describe your home town.Write in 150 words.​

Answers

Answer:

My name is Sohan, and I am from Dhaka, Bangladesh. Dhaka is the capital city of the country, and it’s the largest city as well. I feel proud because Dhaka is my hometown. I love this city a lot. There are lots of reasons behind I love this amazing city.

We have so many problems like Traffic Jam and overpopulation. But after all this, we are a happy city, living with peace. Dhaka is a Muslim city, and known ‘City of Mosque’. But people of almost every religion live here together. Diversity is this city is awesome. People are respectful and love each other.

There are lots of places to see in the city. The major spots are Lalbagh Kella, National Parliament, National Memorial in Savar, Chandrima Udyan, Shishu Park, Air force The museum, etc. I love roaming in the city with my father. I love Dhaka a lot.    

What war latest 100 years between France and England called?
-Must give date aswell.

Answers

100 years war (1337-1453) (lasted 116 years)

Which sentence is the best definition of historical causation?
O A. The act of identifying relationships between two or more events in
history
O B. A connection between events in which the first event caused the
events that follow
O C. The act of convincing others that their perspective on an issue is
correct
O D. A connection between events that does not necessarily mean one
caused the other

Answers

Answer:

The act of convincing others that their perspective on an issue is correct .

Answer:

A

Explanation:

Which statement was true of both Spanish and Anglo settlements in Texas?

A.
Both were found along the Gulf Coast near Matagorda Bay.

B.
Both built towns on the banks of the Brazos River in East Texas.

C.
Both centered on East Texas although their methods of settlement were different.

D.
Both concentrated most of their efforts around present-day San Antonio.

Answers

Answer:

your mom

Explanation:

your mom is big

The US government encourage American industry in the late
nineteenth century by creating protective tariffs."

True or false

Answers

Answer:

True

Explanation:

How did the Crusades change trade in Europe?

They increased demand for European products in the Holy Land.
They brought traders who took business from European merchants.
They created demand for luxury items brought back by the soldiers.
They were expensive, so there was less money to use for trade.

Answers

Trade increase, whilst Europeans also brought back knowledge about plants, irrigation and the breeding of animals. Western Europeans brought back many goods, such as lemons, apricots, sugar, silk and cotton and spices used in cooking. Not all the Crusaders went home after fighting the Muslims.

Answers:

A

Explanation:

One of the many effects of the Crusades was that the pope and the kings of Western Europe became more powerful. In addition, Europeans began to trade with the Middle East. Trade increased as Western Europeans began to buy products like sugar, lemons, and spices. These items were hard to get in the Western parts, so of cours ther was more to demand for.

HELP ASAP ILL MAKE BRAINIEST!!!!

How did youth culture change during the 1920s?

options:

Both men and women were working outside the home, so youth were expected to shoulder greater responsibility.

No real youth culture existed during the 1920s.

Youth were expected to hold jobs that contributed to the welfare of the family.

Youth tended to reject their

Answers

Answer:

Youth were expected to hold jobs that contributed to the welfare of the family.

Explanation: IK ITS RIGHT

PLS GIVE BRAINLIEST

HAVE A NICE DAY :DDD

Answer:

Youth were expected to hold jobs that contributed to the welfare of the family.

Identify the role of each of the three branches of government.

Answers

Answer:

Legislative—Makes laws

Executive—Carries out laws

Judicial—Evaluates laws

Explanation: Legislative—Makes laws (Congress, comprised of the House of Representatives and Senate) Executive—Carries out laws (president, vice president, Cabinet, most federal agencies) Judicial—Evaluates laws (Supreme Court and other courts)

which is a characteristic of the paleolithic period? a. stone tools b. cities c. writing d. domesticated plants

Answers

Answer:

I was just wondering maybe the answer could be stone tools

What ideas did Marx fail to consider that ultimately made the establishment of pure Communism highly unlikely

Answers

Answer:

Marx ignored significant changes such as the extension of the right to vote, legislation prohibiting child labor, social security, and the freedom of employees to create unions.

Explanation:

Thank you! Please Mark Brainliest!

HELP :(


How did The Treaty of Versailles contribute to the start of WWII and the later War on Terrorism in the 21st Century?

Answers

Answer:

the treaty of Versailles was the most humiliating treaty Germany ever had it was imposed in October 1919 one year after Germany was defeated in world war 1. the allied powers france britiain and usa imposed a harsh treaty. this included giving the mineral rich Ruhr region to france some concessions to britiain. germany lost 15% of the total population 60% of the total factories and wanted to repay a debt of 500 billion reichmarks. this made the newly formed weimar republic to print more currency leading to inflation and great depression. people were buying cartloads of money for a piece of bread. this angered hitler who would eventually conquer half of Europe. and cold war which lead to small wars between the united states and soviet union like korean,Vietnam and gulf wars. pls mark be as brainliest

Leonardo designed many machines hundreds of years in advance of their time, machines that were perfectly designed except for the fact that they lacked a means of

Answers

Answer:



Explanation:

Which of the following was a provision of the Chinese Exclusion Act that affected Chinese immigrants who were already in the United States?
The act forced Chinese immigrants to return to China.
The act prohibited Chinese immigrants from becoming American citizens.
The act prohibited Chinese immigrants from entering the United States.
The act prohibited Chinese immigrants from forming Chinatowns.

Answers

Answer: The act prohibited Chinese immigrants from becoming American citizens

Explanation: I hope this helps :) You've got this!

Narrative about a character who goes exploring and discovers a new land

Answers

Answer:

Robinson Crusoe

Explanation:

Robinson Crusoe by Daniel Defoe is a narrative where the main character, Robinson Crusoe goes onto a ship, goes exploring, and ends up on an island because of his ship getting destroyed.

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