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What is Law above all?

Category: Law Paper Type: Case Study Writing Reference: IEEE Words: 1200

        United Kingdom’s oral constitution emphasizes that law is above all. It needs to be applied in a way that it affects all and does not favor or disfavor a particular individual or a group. An expert on the matter is A. V. Dicey and he has stated that a government should be of law and not of men. According to Locke, it is oppression on the other side of the law. Therefore, rule of law is very important for the governing bodies as well. [4] [5]:

No One Is ‘Above' The Law

        The law is made to be executed by not only public but by the officials e.g. ministers, law assistants, professors and other members of the society. No one is above the law means that all the members must obey the rules and regulations for sustainability of society and the norms. The law is enforced by the administrative persons and the judicial system. However, in the UK it is of real concern that how law is imposed on how members are implementing the law. (Amnesty.org.uk, 2018)

    Most of the authority of the Prime Minister and other ministers are privileged for the Royal members, which is not under the eye of Judiciary

    To make or unmake nay law in the country is the concern of parliament due to its autonomous position.

    Those who are privileged have no restrictions legal or other, which mean they can say whatever they want to in the parliament.

    The Queen is not subjected to the law because she is the head of the legal system.

    These aspects show the meaning of “no one is above the law”. The point to be noted is that they are not illegal actions and cannot be impeached as illegal.

2) Equality before the Law

        When a law is made, it is for all the people. It does not favor anyone. Everyone has to respect the law equally and everyone is equal in the light of law. All citizens are equally treated under the law. Everyone must have equal legal rights and the law within the reach of every citizen.

        There must not be any biasness based on color, gender, power, religion, wealth, social status and social or official position. The court must treat every citizen in the same manner. However, the concern has been shown that how the principles are applied in UK (Plato.stanford.edu, 2016).

Cost wise legal disputes cases are very expensive and only rich people or upper class people can afford it.

For Middle class people who have low income is very hard to get access to legal help in time of need.

Due to limited education and narrow backgrounds, some judges tend to develop biasness against women, or ethnic minorities and religious biasness can also be seen.

The Law Is Always Applied.

        Many of the time people try to solve issues other than legal practice. All disputes and clashes should be solved by the help of law. Sometimes law cannot apply to some issues but it should be made easier to access the law. If someone do not abide by the law must face the punishment. It means that there must be a punishment for a person, community or group of people who tend to break the law. People should be penalized only through to process of law.

    However, there is a deep concern in UK that how and to what extent the law is applied in UK. Many of the cases or crimes are not reported and not legally directed.

    Speeding offences, signal breaking and other traffic laws; when broken are not detected because of the limited police resources.

    People might be punished out of the legal way of proceedings or even if they are released through ‘Trial by the media

    The courts offer legal redress.

    People should be capable of protecting themselves through law if any person, organization or community breaches them. They must stand up for their rights with the help of law. In view of many legal experts and officials, it is understood that fundamental rights of human beings are protected by the law. If a law can safeguard and provide security to people than it is valuable and becomes an important element of law. However, concerns have been showed about how and to what extent law is applied in UK.

    For the protection of human fundamental rights, no law is being established.

    If the parliament wants to set aside The Human Rights Act, it can.

    It is very time-consuming and expensive to access to European Court of Human Rights

Judge’s Independence

    The main difference between liberal democratic countries and authoritarian countries is that judges are meant to be non-political and non-partial that is they must not show negative criticism and favoritism. The courts are the instrument of the state .In the Soviet Union judges applied  ‘social legality ‘ ,during the 1930s in particular. People (opponents of regime) were exposed and punishes through show trial. The authority of the law is supposed to be non-political in liberal democracies in contrast to authoritarian regime. This is because law is always interpreted by the non-political and non-partial judges who do not do any kind of favoritism.

Human rights law:

    In 1998, an Up law was passed called as Human Rights act according to which people can defend themselves in the court and constrains public organizations, government, police and local councils to treat every citizen equally and fair with dignity and strength. The Human Rights Act protects all the members of the society rich or poor, old or young. People used this law to uphold their social status and strengthen their rights in the society and get justice when they need. (Amnesty.org.uk, 2018)

Personal liberty

    In Human Rights Act, the article no five explains the right of liberty and security of citizen.  It protects your freedom with accordance to law. No one can be imprisoned or detained unless and until a law allows to and then onwards a proper procedure is being followed like imprisonment of the criminals.

    It ensures personal safety along with personal freedom from irrational custody.

    People cannot be detained without any solid reason and this is their right of freedom

    If, at some point in life, you are arrested the Human Rights Act provides you the following rights:

    You must be given the reason that why you have been arrested and what are the charges you face in the language you understand easily.

    You must be escort to the court immediately.

    Your temporary release while the court process is continued is subjected to different conditions

    The trial must take place in a reasonable time.

    You can go to the court to challenge why you are detained if you think it is not according to the law.

    You get compensation if you are wrongly and unlawfully detained

References of Law above all 


[4]

Plato.stanford.edu, "The Rule of Law," 22 June 2016. [Online]. Available: https://plato.stanford.edu/entries/rule-of-law/.

[5]

Amnesty.org.uk, "Eight reasons why the Human Rights Act makes the UK a better place," 8 October 2018. [Online]. Available: https://www.amnesty.org.uk/eight-reasons-why-human-rights-act-has-made-uk-better-place-british-bill-of-rights.


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