Sample Essay on:
Does the Rule of Law protect the Government?

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Essay / Research Paper Abstract

This 5 page paper considers whether or not the Rule of Law protect the government in its daily activities with the arguments based on UK case law looking at both the legal and political impact of the doctrine. The bibliography cites 5 sources.

Page Count:

5 pages (~225 words per page)

File: TS14_TErulegov.rtf

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Unformatted sample text from the term paper:

see it as protecting government other may see it as exposing government. Under the doctrine of the rule of law, the government, just as everyone else, is subject to the law and have to obey it. However, the idea that government is subject to laws rather than the whim of man is then eroded by the way in which law is formed, as it is the men of the government that make the law and change it if they do not likely it. The duel houses of parliament may help restrain the manipulation of the law but there is sill the argument that it may be manipulated to protect government or by being present and influencing the way government works, there is an inherent protection for parliament and the abuses of power or accusation by the electorate. If we look at the rule of law from this perspective then we need to look at the legal and the political aspects of the rule of law. In legal terms any action of government needs, under the rule of law, to have a basis is law (Thompson and Allen, 2005). Any actions that ministers or other government officers take should be able to be backed up by the relevant authority to make that decision based in the law (Thompson and Allen, 2005). This may be seen as a very basic form of protection, protecting the government form undertaking wrong decision that would be unacceptable to the public or morally reprehensible. The approach which is taken by the courts were these decisions result in the denial of liberty or other serious consequences for public policy is that the burden of proof that the decision was legal and right is placed on the officials and not on the individual to prove it was ...

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