“The rule of law is a system in which the following four universal principles are upheld:” 1. The government and its officials and agents as well as individuals and private entities are accountable under the law. 2. The laws are clear, publicized, and stable and just, are applied evenly, and protect fundamental rights, including the security of person and property. 3. The process by which the laws are enacted, administered and enforced is accessible, fair and efficient. 4.
Justice is delivered timely by competent, ethical, and independent representative and neutrals that are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve” (The World Justice, 2012). ”. “The rule of law in its modern sense owes a great deal to the late Professor A. V. Dicey. Professor Dicey’s writing about the rule of law is of enduring significance. ” “The essential characteristic of the rule of law are: i. The supremacy of law, which means that all persons (individual and government are subject to law ii.
A concept of justice which emphases interpersonal adjudication, law based on standards and the importance of procedures. iii. Restrictions on the exercise of discretionary power. iv. The doctrine of judicial precedent. v. The common law methodology. vi. Legislation should be prospective and not retrospective. vii. An independent judiciary. viii. The exercise by Parliament of the legislative power and restrictions on exercise of legislative power by the executive. ix. An underlying moral basis for all law” (Cooray, n. d. ).
“Today, the concept of the rule of law is embedded in the Charter of the United Nations. In its Preamble, one of the aims of the UN is” “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be maintained. ” A primary purpose of Organization is “to maintain international peace and security… and to bring about by peace means and in conformity with the principles of justice and international law, adjustment or settlement of international disputes or situations which might lead to a breach of the peace.
” The Universal Declaration of Human Rights of 1948, the historic international recognition that all human beings have fundamental rights and freedoms recognizes that”… it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law…” (United Nations Rule of Law, n. d. ).
“Last month, the court agreed to consider whether a New Jersey township’s plan to demolish lower-income housing and replace it with new units, some available at market rates, violated the 1968 Fair Housing Act because it would be less affordable for minorities. The court will handle the case in its next term, which starts in October. However, the court might never decide the case because the parties are in settlement talks, according to a June 26 letter filed with the court by a lawyer for the town last week.
In weighing the lawsuit filed by Mount Holly Gardens Citizens in Action against the township of Mount Holly, the court could decide whether the statue allows for so-called “disparate impact” claim based on seemingly neutral practices that have a discriminatory effect. Conservative activists hope the court will disallow such claims, while civil rights groups and the Obama administration have been keen to keep the case away from the conservative-leaning Supreme Court” (Hurley, 2013).
In the State of New Jersey “each contractor receiving a Notice of Violation has the opportunity to contest the assertion that he or she has violated the law, or the opportunity to correct the violation by desisting from any practices in violation of the law, paying a civil penalty and consumer restitution where required, and submitting an application for registration, if not registered. Violators of the Contractors’ Registration Act are subject to civil penalties of up to $10,000 for the first violation, and up to $20,000 for second and subsequent violations. ”
(Department of Law & Public Safety, 2012) References Cooray, M. , Dr. (n. d. ). The rule of law. Retrieved July 7, 2013, from http://www. ourcivilisation. com/cooray/btof/chap180. htm Department of Law & Public Safety, (2012). New Jersey division of consumer affairs issues notices of violation against 44 unregistered or non-compliant home improvement contractors. Retrieved July 7, 2013, from New Jersey Home http://www. nj. gov/oag/newsreleases12/pr20120723a.
html Hurley, L. (2013). Housing discrimination case could settle before top court rules. Reuter Edition: U. S. Retrieved July 7, 2013, from http://www. reuters. com/article/2013/07/03/us-usa-court-housing-idUSBRE9621CN20130703 The World Justice, (2012). What is the rule of law? Retrieved July 7, 2013, from http://worldjusticeproject. org/what-rule-law United Nations Rule of Law, (n. d. ). What is the rule of law? Retrieved July 7, 2013, from http://www. unrol. org/article. aspx? article_id=3.