The Rule of Law Essay Example | Topics and Well Written Essays - 1250 words

The shape of lawfulness - Essay ExampleNevertheless, under all contexts that the concept of the Rule of Law should be applied, it anticipates two major aspects fairness and equality. The ungenerousing of the Rule of Law can be broken down into different contexts, where the first two contexts adheres to the proposition by Webley & Samuels, 2012, that The tackle of law is a doctrine, while the third context in which the Rule of Law can derive its meaning, is fling on the other proposition by Webley & Samuels, 2012, that The rule of law is a theory. Thus, the Rule of Law can be applied in the first context to mean according to the law. chthonic this context, the Rule of Law is then applied to mean that no individual, regardless of the social status or the position of power they hold in the society, can be subject to a form of penalisation that is not in accordance with laws that are wholesome established and clearly and procedurally defined3. This context of the application of t he rule of law therefore means that any criminal charges leveled against an entity, be it an individual, a group or an formation must be in line with laws that are well-established and which are clearly understood by the entity, and whose social function is well known. Therefore, this context of the law anticipates the application of the law to be aligned with the existing doctrines. This prevents an individual or an entity from being punished for any violation that is not punishable by the law4. Relevant case Papachristou v. city of Jacksonville, 405 U.S. 156, 92 S. Ct. 839, 31 L. Ed. 2d 110 1972 The Papachristou v. Jacksonville is case in relation to a vagrancy ordinance enacted by the city of Jacksonville in Florida State, where the law prohibited a large form of freelance activities, which included strolling, world(a) and moving from place to place, without any lawful intent or object5. The defendant, Papachristou, was among eight other individuals that were arrested and cha rged with vagrancy in a salute of law in Jacksonville, city, for disorderly loitering. Upon an appeal in the United States Supreme Court, the court declared that the Jacksonville ordinance was largely dull constitutionally, since the ordinance did not create any distinction in the midst of the illegal and the innocent activities, thus could end-up criminalizing innocent movement activities such as walking at darkness or habitual movement which had no visible intent5. This vagueness granted the police arbitrary powers to determine which activities they would translate as lawful, and which angiotensin-converting enzymes to declare innocent, following the lack of well-established laws, which are clearly understood by the entity, and whose procedure is well known5. The Supreme Court therefore held that the defendant would not be criminally liable, under such vague law. The second context under which the rule of law can be confidently applied is to mean rule under the law6. Here, t he concept of the Rule of Law would therefore mean that no unmatchable is above the law, and thus no one has the freedom to apply law arbitrarily, even when such an entity is the one formulating such laws. Therefore, the second context of the rule of law anticipates that all individuals and entities will be subjected to equal give-and-take by the law, and thus no one can be favored, and no one can be prejudiced by the same law, regardless of