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The Rule of Law
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Flashcards
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Supremacy of Law
The supremacy of law means that all citizens, including lawmakers, are subject to the law. It ensures equality and protection from arbitrary power, but challenges include ensuring laws reflect justice and resisting the misuse of legal systems by those in power.
Independent Judiciary
An independent judiciary is crucial for impartial adjudication free from external pressures. It upholds the law's integrity but is challenged by political pressures and corruption within the judicial system.
Due Process
Due process involves fair legal procedures and the right to a fair trial. It is critical for safeguarding individual rights and the integrity of the legal system, but it can be compromised by systemic biases and inefficiencies.
Right to Counsel
The right to counsel ensures individuals have access to legal representation. It is essential for a fair defense in legal proceedings, but ensuring quality and equitable access for all, regardless of income, is challenging.
Legality
Legality emphasizes that laws must be clear, public, and apply equally. It is significant for predictability in law and citizen empowerment. However, it faces the challenge of maintaining comprehensibility and accessibility of laws and potential over-criminalization.
Transparency
Transparency requires laws and decisions to be made open to public scrutiny. This facilitates accountability and trust in the legal system, yet it struggles with the balance of privacy rights and the potential for 'information overload'.
Legal Equality
Legal equality dictates that everyone is treated equally under the law. It is key for ensuring fairness and social stability, but discrimination and unequal resource distribution pose substantial challenges.
Constitutionalism
Constitutionalism asserts that governmental power is distributed and limited by a constitution. It is significant for preventing tyranny, but challenges include amending outdated laws and protecting against erosion of constitutional norms.
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