What are the challenges we face today to uphold the rule of law? What about in the future?

Answers

Answer 1

Answer:

Anyone who holds that what matters most in politics is having the right people in power and not how power should be constrained will be unconvinced of the value of the rule of law. Neither will anyone who believes that institutions of public power are merely instruments of the ruling class that need to be dismantled rather than merely constrained. For the majority of modern democratic societies, however, the rule of law’s requirement that both rulers and the ruled be accountable to the law is of unquestionable value. To be sure, in the modern world, it is the liberal tradition that values the rule of law most highly. Liberals who are concerned with ways of protecting (and realizing) liberty in some form and averting threats to it view the rule of law as an overarching source of security. Nonetheless, there is substantial disagreement even among liberals over what exactly counts as a faithful application of the term and, even when that is pinned down, how it is to be accomplished.

In itself, the notion of the rule of law is not a faithful description of any state of affairs but a complex ideal that is even more complex to realize. Thus, there is reason to be skeptical about whether societies necessarily benefit from all that might be invoked under the term. The independence of the judiciary, for instance, is clearly a problem if the independence is misused to foster the sectoral privileges of judicial personnel or to allow unchallenged interpretations of the law. Heavy emphasis on the formal aspects of the rule of law—for example, on procedural justice—may distract from the content and consequences of those laws. Critics of a strictly formal conception of the rule of law argue that too much attention to legal process generates significant vices of its own in the form of exaggerated legalism and neglect of the political or real-world dimensions of legal conflicts. Excessive veneration of the law and legal procedures may be too costly if it inhibits independent social assessments of the merits of a given policy proposal or if the official mandate of “blindness” gives legitimacy to actions performed “according to the law” even when most people would oppose such acts. Some writers have charged, moreover, that the increasing domain of judges and lawyers—indeed, their encroachment into areas previously left to politicians and the electorate—entails the loss of much that is politically and democratically valuable.

In short, too much emphasis on procedures for preventing arbitrariness can lead to subverting the doing of justice according to what might otherwise find support in the rule of law, and the legal strictures then become themselves a form of arbitrariness that is no more legitimate. On the other hand, those who defend the negative value of the rule of law object to more substantive understandings of the ideal on the grounds that morally ambitious aspirations about the rule of law threaten to purge the concept of its specificity and usefulness. They argue that to open the concept to a whole host of extralegal considerations about substantive justice and wider societal goals is to conflate ideas about “the rule of law” with notions about “the rule of good law,” such that any distinction between the two is reduced to nothing. As a consequence, no discussion of the rule of law can be complete without some philosophical reflection on law, including on its purpose and meaning.


Related Questions

The main concern of the Anti-federalist was what?
1 point
Control of the army.
Control of the economic power of the country.
Lack of voting rights.
The power of the federal government.
Which of the following was Theodore Roosevelt know for?
1 point
Having the government break up monopolies.
Ending segregation in the South.
Ending the Great Depression.
Guiding the US through WWII.
What was the solution between the Virginia plan and the New Jersey plan called?
1 point
The Great Compromise
The Washington Compromise
The Federal Compromise
The 3/5 Compromise
Abraham Lincoln accomplished which of the following?
1 point
Fought for labor rights.
Proposed the 3/5 Compromise.
Kept the Union together.
Used the federal government to end segregation.
The biggest criticism of Franklin D. Roosevelt was what?
1 point
He should have done more to end segregation.
He took too long to end the Great Depression.
He took too long to get into WWII.
He expanded the power of the Federal government too much.
Why is the 2nd Amendment one of the most debated amendments?
1 point
It uses words whose meanings have changed over the years.
The Supreme Court refuses to issue specific rulings about it.
Militias are now part of the federal government.
It is worded in an unusual way.
George Mason worked hard on the _______.
1 point
Great Compromise
3/5 Compromise
Bill of Rights
Preamble of the Constitution
John Jay filled what important role in the early government?
1 point
1st Secretary of State
1st Chief Justice of the Supreme Court
1st Vice President
1st Speaker of the House
Name a freedom guaranteed in the Bill of Rights. (1 pt) Explain why this freedom is so important. (2 pts) Give a real world example of the freedom. (2 pts)
5 points

Answers

Answer:

that is to long good buddy

Which conflict came first in World War II?

A) The Soviet Union and Poland
B) China and Japan
C) Germany and France
D) Britain and Germany

Answers

Answer:

Britain and Germany

Explanation:

hope this helps

:--)

On September 1, 1939, Hitler invaded Poland from the west; two days later, France and Britain declared war on Germany, beginning World War II.

Please help I don’t understand this question will give brainliest to the person who helps! :)

Answers

Answer:

I guess the black man

Explanation:

He might have elderly that told him story about it. ( Sorry I am confused too :( )

Explain the vicious cycles

Answers

Answer:

a sequence of reciprocal cause and effect in which two or more elements intensify and aggravate each other, leading inexorably to a worsening of the situation.

Explanation:

hopes that ig is helpful and u will mark brainliest

Which type of propaganda is being used in the poster?
A. appeal to fear
B. bandwagon
C. card-stacking
D. stereotyping

Answers

Where is the picture of the poster

Why did Hernando de Soto explore Florida?

To spread Christianity

To establish permanent settlements

To find both gold and a water passage to China and Japan

To find a mythical group of seven cities made of gold

Answers

Answer: pretty sure it’s the second answer establish settlements I haven’t done history in a few weeks though but hope it helps :)

Explanation:

What was the main impact of John Brown’s Raid on Harpers Ferry? It reaffirmed most people's belief that abolitionists were too radical.

Answers

Answer:

Although the raid failed, it inflamed sectional tensions and raised the stakes for the 1860 presidential election. Brown's raid helped make any further accommodation between North and South nearly impossible and thus became an important impetus of the Civil War.

What is the purpose of the underlined sentence in the passage above?
A
It provides an example of an action that is illegal under the Sixth Amendment.
B
It provides an example of an action that is protected by the Sixth Amendment.
C
It provides a description of a fair, public trial.
D
It suggests the Sixth Amendment is no longer necessary.

Answers

Answer:

from what I understand it should be (b) seems more like it's to protect the statement

Answer:

A

It provides an example of an action that is illegal under the Sixth Amendment.

Explanation: i did it u can trust meeeee

solve this question and send me

Answers

Answer:

Kabir

Namdev

Guru Nanak

Ramanuja

How did the Spanish transform
the mit’a system to their
benefit?

Answers

Answer:

The Spanish used the system to get free labor from the indigenous people as a form of tribute. The indigenous people would provide agricultural labor or work in textile mills, but the most common form of labor was working the mines. This also contributed to the declining population of indigenous people.

Jelaskan bahwa Pendidikan Kewarganegaraan mampu mewujudkan mahasiswa yang smart and good citizen!

Answers

Answer:

Explanation:

Demikian juga, kewarganegaraan penting untuk mendorong wacana yang sehat di antara orang-orang dari sudut pandang yang berbeda. Ini juga membantu siswa belajar bagaimana menemukan kesamaan dengan orang-orang yang berbeda dari diri mereka sendiri, terutama dalam hal penegakan hak asasi manusia.

In which business type does the owner get to keep all of the profits?
O Corporation
O sole Proprietorship
O Franchise
O Non Profit

Answers

Answer:

Sole propiortersip

Explanation:

I checked them off one by one.

Khó khăn trong bảo đảm an toàn xã hội là gì

Answers

Answer:

what

Explanation:

ano po ba Yang tanong nyo

Which of the following explains why Europeans did not enslave white indentured servants instead of Africans?
A. Africans already had a steady supply of slaves that Europeans could employ.

B. Indentured servants resisted more than Africans

C. European colonists were concerned about implications this the enslavement of fellow Europeans would have on policies and perceptions back in Europe

Answers

A. Africans had a steady supply of slaves Europeans could employ.

During the early years of World War I, which of the following did the Germans use to great advantage?
the field telephone
the machine gun
the submarine
the tank

Answers

Answer: The submarine

The Germans made excellent use of the submarine in the early stages of World War I. Thus, the third option is correct.

During World War I, the Germans employed their submarines, known as U-boats, against Allied ships most successfully.

Observing this, the Allies started updating their submarines.The developments were essential to the success of the nation's maritime power by the time the United States entered World War II."Submarines (in World War II) now displayed greater speed, more effective weaponry, sophisticated detection technology, great versatility, and could pursue their victims rather than just lying in wait," wrote historian Gary E. Weir in a U.S. Naval Historical Center publication titled "Silent Victory 1940–1945."

Therefore, The Germans made excellent use of the submarine in the early stages of World War I. Thus, the third option is correct.

Learn more about World War I here,

https://brainly.com/question/3411906

#SPJ5

Which nation industrialized first, and why?

Answers

Answer:

Britain was the first country to industrialize because they had the resources included coal, water, iron ore,rivers, harbors, and banks. Britain also had all the factors of production that the Industrial Revolution required. These factors of production included land, labor (workers), and capital (wealth).

(Sample answer)

Explanation:

Also I love your pfp is Seonghwa your bias??

100 POINTS GIVEING BRAINLEIST

How can a chemical reaction be sped up?

Select from the drop-down menu to correctly complete the statement.

Add a blank' choices are catalyst. that is unaffected by a reaction.
coefficient.
product .

Answers

Explanation:

a chemical reaction can be sped up by many factors add a catalyst a substance that reduces activation energy speeding up the reaction increase the concentration of reactants increase the concentration of catalyst .

Answer:

The answer is chemical reaction can be sped up by many factors add a catalyst a substance that reduces activation energy speeding up the reaction increase the concentration of reactants increase the concentration of catalyst .

Explanation:

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Answers

Answer:

Hey there,

Don't put unnecessary questions.

They are strictly prohibited in Brainly.

Answer:

yuppp.... what's the question????


What are two benefits and two drawbacks to accessing news primarily through social media venues?

Answers

Answer:

The benefits are that it is at the touch of your fingers and is constantly being update. However some news through social media may be inaccurate or biased therefore you have to be careful what and who on social media you trust.

Explanation:

The benefits of accessing news primarily through social media avenues include faster access to news.

It should be noted that social media enables one to get faster access to news. Also, one can easily share the news since it's cheaper.

Its disadvantages are that it can lead to false information. People spread incorrect information on social media which isn't ideal.

Read related link on:

https://brainly.com/question/24683934

How did trade impact Timbuktu socially and economically?

Answers

Answer:

The wealth made through trade was used to build larger kingdoms and empires. To protect their trade interests, these kingdoms built strong armies. Kingdoms that desired more control of the trade also developed strong armies to expand their kingdoms and protect them from the competition.

Explanation:

what service did a city boss provide for people?

Answers

Answer:

In politics, a boss is a person who controls a faction or local branch of a political party. ... When the party wins, they typically control appointments in their unit, and have a voice at the higher levels. Reformers typically allege that political bosses are corrupt

Which of the following would be
considered the second largest
religion today?
A. Islam
B. Christianity
C. Judaism
D. Buddhism

Answers

Answer:

Islam is the second largest religion today. Christianity is the first

map of europe 45 countries

Answers

Answer:

Explanation:

 Russia* 3,972,400 3,999,364 km² including Crimea. 17,098,242 km² including North Asia while excluding Crimea.

2  Ukraine 603,628

3  France 551,695 643,801 km² when the overseas departments are included.

4  Spain 498,468 505,992 km² when the Canary Islands, Ceuta and Melilla are included.

5  Sweden 450,295

6  Norway 385,178 This includes Svalbard and Jan Mayen[1]

7  Germany 357,386

8  Finland 338,145

9  Poland 312,685

10  Italy 301,338

11  United Kingdom* 242,495 260,665 km² when the British Overseas Territories (except British Antarctic Territory) are included.

12  Romania 238,397

13  Belarus 207,600

14  Greece 131,940

15  Bulgaria 110,994

16  Iceland 102,775

17  Hungary 93,030

18  Portugal 91,568

19  Austria 83,858

20  Czech Republic 78,866

21  Serbia 77,453 88,361 km² including Kosovo

22  Ireland 70,273

23  Lithuania 65,300

24  Latvia 64,589

25  Croatia 56,594

26  Bosnia and Herzegovina 51,129

27  Slovakia 49,036

28  Estonia 45,339

29  Denmark 44,493 This includes Faroe Islands; 2,210,579 km² including Greenland

30  Switzerland 41,290

31  Netherlands 41,198 Excluding Caribbean Netherlands, Aruba, Curacao and Sint Maarten.

32  Moldova 33,846

33  Belgium 30,510

34  Albania 28,748

35  North Macedonia 25,713

36  Turkey* 23,507 783,562 km² including Asian part

37  Slovenia 20,273

38  Montenegro 13,812

39  Kosovo 10,908 Partially recognised state

40  Azerbaijan* 6,960 86,600 km² including Asian part

41  Luxembourg 2,586

42  Georgia* 2,428 69,700 km² including Asian part

43  Andorra 468

44  Malta 316

45  Liechtenstein 160

46  San Marino 61

47  Monaco 2.02

48  Vatican City

Solve pls brainliest

Answers

Answer:

0.2

Explanation:

Because 1 isn't high enough to bring the value up, just keep it the same.

Hope this helps! :0

I WILL MARK BRAINLIEST THE FIRST TO ANSWER THIS QUESTION☺️​​

Answers


I suck toes I’m brainliest

Answer:

which language is this ???

plsssssssssssssssssssssssssssßsssssßsßßßßßßßßßßßßßßßßßßßßßßß​

Answers

Answer:

you would had more self contol

Explanation:

you would have less regrets knowing you did what was right. but if you didnt have the discipline than their may be much more than you learned from the lesson

What policy was issued by the British government in an effort to avoid conflict between the American colonists and Native Americans after the French and Indian War?
A:The Proclamation of 1763
B:Th ownshend Acts
C:The Quartering Act
D:The Monroe Doctrine

Answers

Answer:

A:The Proclamation of 1763

I need help, my teacher gave me a study guide but i literally got stuck on the third question of it.

Answers

Answer: Number 3 is the answer

Explanation:

Help please ‍♀️ ion kno how to do it yall please help

Answers

Explanation:

sorry i don't know soooooooorrrryyy

Please Help!

The Phoenicians developed a(n) ________________.

HELP!

Answers

The Phoenicians developed an expansive maritime trade network

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