The Importance of Rule of Law

This assignment explores the significance of rule of law in promoting ethical behavior, respect for human rights, and minimizing crime rates. It draws on insights from books and journals, including 'Prosecuting Beyond the Rule of Law' by J. Arlen, 'Comparative Law in a Changing World' by P. De Cruz, and 'English Legal System' by S. Wilson et al. The assignment also considers online resources such as Criminal Laws on FindLaw. It provides a comprehensive analysis of the rule of law and its impact on society.

LAWS IN ENGLISH LEGAL
SYSTEM

Various Laws in English Legal System
Laws are an inseparable part of a society which is governed by some regulatory body.
These are considered as necessary criteria to make sure that natives are provided equal rights and
none of them gets discriminated on any criteria. It is defined as the limitations or criteria which
are provided for essential living of people who are living in a nation.
There are various kinds of laws which have been derived from several sources and are
implied to different circumstances. Therefore these regulation leads to peaceful and harmonious
living of individuals and also provides protection to them against various ill practices which
leads to violation of their basic rights. In English legal system, laws which are passed by the
parliament must be transferred to the royals for consent.
For implementing any law in the country, it is very important to make sure that royals
are in favour1 . There are three categories according to which laws are being set in a particular
framework which is very necessary in order to maintain proper structure of a legal body so that
they are easy to understand. One of them is English legal system in which there are many types
of rules that can be statute, common, equity, and public, criminal, private and civil laws. These
laws are very necessary to ensure the proper regulations of the rights of an individual. A nation
can become prosperous only when its natives are completely satisfied and happy with the
government which leads to an effective coordination of the rules that leads to reduce any kind of
discrepancy with their civil rights. Nobody is allowed to cross limitations and decided cafeterias
of a constitution if it happens then he is liable for getting decided punishment and fines, already
decided by regulatory body.
Various rules and policies have certain functions that can regarding keeping the peace ,
maintaining the status quo, preserving the rights of citizens, protecting minorities against
majorities, promoting the social justice, bringing a social change in the society. These aspects
make any nations more efficient and prosperous along with the support of natives that lead to
create an effective legal structure which is very necessary in order to provide the best2. Every
government tries to make their country more powerful by making each individual as a strong
1 Arlen, J., 2016. Prosecuting Beyond the Rule of Law: Corporate Mandates Imposed
Through Deferred Prosecution Agreements. Journal of Legal Analysis.8(1).pp.191-234.
2 Carothers, T., 2003. Promoting the rule of law abroad: the problem of knowledge.

personality in all aspects which can be socially, economically and even legally results to make
their living more advanced and fulfilling.
The first law which comes in an English legal system is Statute law which can be
acknowledged as the definite system of various principles and policies of law, which is available
in written format and can be laid down by regulating legislative governing body which leads to
conduct natives of a nation. When a certain bill is passed by both houses of parliament through
process of enactment then statutory law is introduced. It defines the fundamental structure of law
based on certain statutes. It is a formal written act that expresses the will of any legislature. It is
regarded as a command or a declaration which is provided by law and has to be followed or
creates prohibition on a course of certain actions, also leads to control the behaviour of its
members3. It encompasses several rules that regulates any society and is made by taking the
reference of the future case. These are completely prescriptive in nature and considered as
substantive in an operational level. The statute laws are amended by considering other separate
statute.
The law which has been evolved through many decisions which are formulated in courts
and other judicial precedent are known to be common laws. In this, judges usually refers from
cases which occurred in past and also get enlightened from those which are taken for present
decision and called as precedents who are recognised and completely enforced for future
judgements which can be rendered by court. Sometimes the verdict which is made by an
authority is taken from a new law considering as subsequent decisions in a court. These are also
known as case laws. Common laws are instructive in nature, are procedural at operational level,
and are amended through statutory laws.
Another one is considered as Equity law where it is the body of laws which were
developed in English Court situated in chancery. Equity is defined as a system or a body of
justice which is regulated in a particular court, whose extent and nature could only be understood
and further explained after proper analysis of history and associated principles which are known
to be a base on which laws are made 4. It leads to define a definite set of various legal policies in
all scenario of verdict which leads to follow tradition of English common rules as it provides
3 De Cruz, P., 2016. Comparative law in a changing world. Cavendish Books.
4 Joireman, S. F., 2010. Inherited legal systems and effective rule of law: Africa and the
colonial legacy. The Journal of Modern African Studies.39(4).pp.571-596.

other strict criteria as operation. The major focus is laid on fairness and flexibility which are
known as Maxims of Equity. These laws direct people how to act in practical terms which is
considered as more valuable to complainant. The system was made for addressing the rigidity of
common law system.
Another rule which comes in English Legal System is Public Law. It is considered as a
theory which provides governance to the relationship aspect between state and its individual who
are regarded as the citizens or a company. They are categorised into three subdivisions which are
Administrative, Constitutional and Criminal Law.
The constitutional laws cover various branches of a state such has executive, judiciary
and legislative where administrative laws controls trades which are conducted on international
level, pollution, manufacturing and other taxation5. Criminal law comprises if sanctions are
imposed by states for their natives.
On the other aspect, there are public laws which are also known as civil laws. It includes
the relationship among individuals and citizens and companies. It provides coverage to laws of
obligations and torts. Accordingly the law of obligation that facilitates in organising and
regulating various relations legally under some contract and while, laws of torts expresses and
provide remedies for issues which are related to wrong practices.
Public law is very different as it is considered as private bill which is made into some
law. It usually targets corporations or individuals have a broad scope as compared to private
laws, and lead to affect citizens of a nation.
The most important law is the criminal law which makes sure that every individual gets
protected from various ill practices which occur in society such as theft, murders, frauds,
coercion which provides harm to every individual and also risk their lives. Therefore to
safeguard and provide security to the natives of a country, criminals always are made that
provides the guidance related to any scenario and enlightens judges for making proper and
effective decision so that culprit gets punishment and victim gets jurisdiction. It has more
emphasis on settlement of various disputes and providing compensation to the one who was
victimised6. There are various objectives of criminal law which are, retribution that focuses on
providing punishment to those who are culprit; deterrence includes states that to impose various
5 La Porta, R. and et. al., 2013. Legal determinants of external finance. Journal of
finance.pp.1131-1150.

penalties for discouraging offender from conducting any criminal activity; rehabilitation which
aims at transforming individual into member of a society and lastly restoration which includes
theory which is victim oriented and has goal to repair with the help of state authority 7 .
Therefore it had been concluded that there are laws in the English legal system which
constitutively makes regulation policies to be strong and providing appropriate punishments to
those who are considered as guilty and has committed certain crimes which are punished by
court on basis of certain elements such as evidences, previous cases, several principles and
theories and most importantly constitution which is foundation pillar for taking an appropriate
action or decision8.
These have several criteria and focuses on different aspects of society which together
leads to an effective regulatory body which is coordinated by natives of country and are regarded
to be beneficial for restricting any activities that can create harm to societies and also lead to
minimise social progress which can be disadvantageous for country. It is very necessary to be
acknowledged related to different laws which are basically civil laws and provides guidance to
individuals for living in a limit which does not lead to violate any rules and regulations thus
making them more ethical on the grounds of respecting each other rights which is very important
for achieving progress that can lead to make a country prosperous in every aspects and can even
lead to minimise crime rates which has been a serious concern which has compromise safety and
security of natives.
6 Norenzayan, A. and Gervais, W.M., 2015. Secular rule of law erodes believers' political
intolerance of atheists. Religion, Brain & Behavior.5(1). pp.3-14.
7 Criminal Laws. 2018.[online]. Available Through <https://criminal.findlaw.com/>
8 Wilson, S. and et. al., 2014. English Legal System. Oxford University Press.

REFERENCES
Books and Journals
Arlen, J., 2016. Prosecuting Beyond the Rule of Law: Corporate Mandates Imposed Through
Deferred Prosecution Agreements. Journal of Legal Analysis.8(1).pp.191-234.
Carothers, T., 2003. Promoting the rule of law abroad: the problem of knowledge.
De Cruz, P., 2016. Comparative law in a changing world. Cavendish Books.
Joireman, S. F., 2010. Inherited legal systems and effective rule of law: Africa and the colonial
legacy. The Journal of Modern African Studies.39(4).pp.571-596.
La Porta, R. and et. al., 2013. Legal determinants of external finance. Journal of
finance.pp.1131-1150.
Norenzayan, A. and Gervais, W.M., 2015. Secular rule of law erodes believers' political
intolerance of atheists. Religion, Brain & Behavior.5(1). pp.3-14.
Wilson, S. and et. al., 2014. English Legal System. Oxford University Press.
Online
Criminal Laws. 2018.[online]. Available Through <https://criminal.findlaw.com/>