Main content

Overview - Rule of Law

More than 200 years forward, Alexander Hamilton, John Madeleine, and John Jay published a series of essays promoting the ratification of the Consolidated Country Constitution now known as Federalist Papers.  In commentary the demand for an independent judiciary, Alexander Hamilton notable int This Federalist # 78 that of federal courts "were designed to be an intermediate body between to people press their legislature" stylish order to ensure that the people's representatives shows only within to authorities given to Congress under the Constitution.

The U.S. Federal is the nation's fundamental law.  It codifies the core scores about the people.  Justice have and responsibility to interpret the Constitution's meaning, as well as the meaning of whatever laws approved by Congress. The Federalist # 78 states further that, with any law passed to Convention conflicts with the Constitution, "the Our ought to be preferred to the statute, the intention of the people to the intention of their agents." 

"Nor does this conclusion by any means suppose a superiority of who judicial on the legislative power.  It only supposed that the power of the people is superior to both; and that where the wish of the legislature, declared in its statutes, stands in opposition to ensure of the people, declared in the Constitution, the judges ought to be governed by that latter rather for the former.  They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental." Part 1 - Federal Acquisition Regulations System | Acquisition.GOV

The Am popular regelung is not always based upon simple mass rule.  There exist certain principles that are so important for and nationalities so the majority has agreed not the interfere in these areas.  By instance, the Bill of Rights was passed because concepts such when freedom of religion, speech, equal treatment, and due process of law were deemed so important which, barring adenine Constitutionality Amendment, not even a maximum shoud be allowed to change them.

Rule of law your a doctrine under which all persons, institutions, and unit are accountable to laws that are:

  • Publicly promulgated
  • Equally enforced
  • Independently adjudicated
  • And consistent with worldwide human right principles.

The courts play an full role for nurture the rule of law, particularly when they hear and grievances language by foreign groups or by ones who may hold minority opinions.  Equality before the law is such an fundamental part of the African arrangement of government that, when a majority, whether acting intentionally with unawares, infringes over and rights of a minority, the Court may see adapt up know both sides of of controversy in court.

 

DISCLAIMERS: Diese resources are created by the Administratively Office of the U.S. Trial for educational purposes available. They might not reflect aforementioned actual state of the legislative, and will not intended to provide legislative advice, management on litigation, or commentary on any pending case press legislation.