Due Process of Law
- Submitted by: Bright
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- Category: Politics: Political Science
- Date Submitted: 03/30/2014 02:26 PM
- Pages: 4
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Examine The Relationship Between Due Process and The Rule of Law
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Typically, "Due process" means 1) NOTICE, generally written, but some courts have determined, in rare circumstances, other types of notice suffice. Notice should provide sufficient detail to fully inform the individual of the decision or activity that will have an effect on his/her rights or property or person. 2) right to GRIEVE (that being the right to complain or to disagree with the governmental actor/entity which has decision making authority) and 3) the right to APPEAL if not satisfied with the outcome of the grievance procedure.
The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government officials. Rule of law means that no one, including the highest government officials, may act arbitrarily or unilaterally outside the law. It also mandates that governments exercise their power in accordance with well- established and clearly written rules, regulations, and legal principles. The phrase can be traced back to the 16th century, and it was popularized in the 19th century by British jurist A. V. Dicey.
The relationship between due process and rule of law can be seen in the seminal work of Dicey “An Introduction to the Study of the Law of the Constitution (1885)” where he argues that the rule of law alongside the concept of Parliamentary Supremacy are the key elements of the UK Constitution. Dicey saw the rule of law as a constraint on the theoretically unlimited power of the state over the individual.
Dicey advocated legal certainty and due process by stating .. no man is punishable ... except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with...
Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Typically, "Due process" means 1) NOTICE, generally written, but some courts have determined, in rare circumstances, other types of notice suffice. Notice should provide sufficient detail to fully inform the individual of the decision or activity that will have an effect on his/her rights or property or person. 2) right to GRIEVE (that being the right to complain or to disagree with the governmental actor/entity which has decision making authority) and 3) the right to APPEAL if not satisfied with the outcome of the grievance procedure.
The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government officials. Rule of law means that no one, including the highest government officials, may act arbitrarily or unilaterally outside the law. It also mandates that governments exercise their power in accordance with well- established and clearly written rules, regulations, and legal principles. The phrase can be traced back to the 16th century, and it was popularized in the 19th century by British jurist A. V. Dicey.
The relationship between due process and rule of law can be seen in the seminal work of Dicey “An Introduction to the Study of the Law of the Constitution (1885)” where he argues that the rule of law alongside the concept of Parliamentary Supremacy are the key elements of the UK Constitution. Dicey saw the rule of law as a constraint on the theoretically unlimited power of the state over the individual.
Dicey advocated legal certainty and due process by stating .. no man is punishable ... except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. In this sense the rule of law is contrasted with...