Rule of Law Mr. Gutierrez.

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Presentation transcript:

Rule of Law Mr. Gutierrez

What is a Law? Laws – set of rules that are enforced by the government to the entire community.

What is the Rule of Law? Rule of Law – everyone must obey the law, including citizens, non-citizens, and government leaders. “No one is above the law.” Also known as “Supremacy of Law.” It prevents arbitrary government. The law applies to some but not others. Ex: The police and courts can enforce the law, but they are not exempt (excused) from following it.

What is the Rule of Law? Even the president has to obey the law. We can see this in the oath he takes to become president: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."

Origin of the Rule of Law The Magna Carta (Great Charter) was written in 1215. One of the ideas in it would be that England’s current as well as all future sovereigns (supreme rulers, monarchs, kings) would be subject to the rule of law.

Origin of the Rule of Law The rule of law is an ancient ideal. In 350 B.C. Plato wrote: “Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state.”

Origin of the Rule of Law Aristotle also supported the rule of law stating “law should be governed” and those holding power should be “servants to the laws.”

Rule of Law in Justice Blindfold – The court will be impartial (Treat everyone equally) to all. Scales – weighing of competing claims. Sword – Shows courts coercive (forced) powers. Its interpretation will be forced within its jurisdiction.