7 Pages
1801 Words
Introduction: Upholding Justice and Equality
A proper society has been founded based on the rule of law, including the principle that states that all people, regardless of their status, are safeguarded by the law. This assignment focuses on exploring the area of human rights protection by the rule of law. This law helps to maintain people's accountability, integrity, legal inevitability and equality. It also helps to provide significant information about the rule of law and its role in maintaining human rights through examining institutions and society's role in operating this. This study also focuses on highlighting the criminology sources and the connection between legal rights and legal principles. After considering all aspects of the research, a concise conclusion has been provided here.
The Law Operates In Society and The Institutions That Dispense Justice
The role of law is a law, community, institution and norms sustainable system that consists of four principles: just law, accessible and impartial justice, accountability and open government (Worldjusticeproject, 2022).
Just Law: Ensuring Stability, Publicization, and Transparency in Human Rights
Protection According to the law, the law can be applied evenly to demonstrate stability, publicization and transparency. It helps to maintain human rights with procedural, contract and property rights.
Accessible and Impartial Justice: Ensuring Prompt and Ethical Representation
Justice is provided promptly by independent ethical and competent representatives and impartial individuals who are available community reflective and properly resourced they serve.
Accountability: Liability of Private and Government Actors Under This Law
The private and government actors are liable under this law.
Open Government: Upholding the Rule of Law for a Just Society
The law procedures are efficient, fair and accessible and help to adjudicate, administer and adopt the law.
Regardless of individuals' location, the rule of law has significant efforts to maintain a just community by supplying scope and peace that are valuable for fundamental rights and respect (Goold and Lazarus, 2019).
To maintain this law judicial system, law enforcement agencies and the legal profession help. The judiciary system observes this law by protecting human rights and resolving conflict through impartial and transparent trials. Additionally, agencies maintain this law by examining multiple crimes and maintaining legal procedures and fair applications (Endicott, 2019). Overall, this institution's collaborative effort helps to establish a just society in that justice is a substantial fact.
The Rule of Law Relevant To Human Rights
In “The UN Vienna Declaration of 1993”, human rights are demonstrated as interrelated, interdependent individual and universal aspects that need to be promoted and protected in the context of an equitable and fair manner as pervasive and fundamental as a rule of law (Heinonline, 2022). In this aspect, multiple authors symbolize it as an ultimate authority that demonstrates “no men can override”. In the case of “Gouriet V. Union of Post Office Workers,, judge lord Denning stated that all people, regardless of their location and status, come under the law (Onuche, 2021). The rule of law's code element is that legality needs the government to take action according to the law. It also develops requirement quality numbers to that law need to be adhered such as clarity and generality (Lautenbach, 2018).
As per the UN report, dignity with freedom is founded on 4 laws of the framework pillar such as “ the international human rights framework, together with international humanitarian law, international criminal law and international refugee law”. Those normative framework foundations are laws complementary to bodies that convey a common objective toward protecting people's dignity, health and lives. In that, the rule of law acts as this common normative structure protection and promotion vehicle (UN, 2023). It supplies a framework via which Power exercise is subject to guarantee human rights protection and agreed rules.
Criminological Ideas In Criminal Justice Procedure
The criminology concept is founded on three keywords: justice, crime and human rights. Crime is demonstrated as a community deviant action that violates community norms. On the other hand, justice is demonstrated as equitable and fair treatment within a particular legal system that helps to identify inequality by supplying restitution, punishment and rehabilitation through criminal acts, while human rights help to maintain individuals' equality, Liberty, fairness and independence (Goold and Lazarus, 2019). Through this, it promotes a significant community that values individual dignity by providing just and fair results in legal aspects.
The UK community is bound by multiple international human rights laws. The intersection of criminal justice and human rights is noticeable in multiple areas. The defendant's treatment within the justice procedure is one of the significant areas in which the intersection can be found. For instance, “The European Convention on Human Rights bound society to maintain individual freedoms and rights that need to be upheld in the entire criminal justice procedure, and it also helps in maintaining suspects' fair treatment while maintaining dignity throughout the justice procedure. Additionally, the rule of law helps to maintain the human rights that are also applicable to criminal justice procedures. All procedures are properly and lawfully maintained, and the suspect can get a fair shot (Royalholloway, 2023). For instance, until a person has been found guilty, the rule of law helps to maintain that person's detentions and provides fair legal chances.
Identifying Key Legal Concepts
In the preceding section, the rule of law is paramount however, it poses limitations. After the parliament passes any law, that needs to go through the rule of law. Thus, the point that laws need to be passed in a proper legal form is the rule of law's crucial aspect, however, it is not a satisfactory one. Another important element of this law is that the rules so enacted should be able to govern the behaviour of individuals so that one can plot one's vitality. This law also comes under British values as this law promises to maintain the country's people's security and safety. Overall, the law needs to be prospective and relatively stable, not considered retrospective (Assembly, 2023).
The demonstrated specific law needs to be openly guided with clear and general rules that are independent judiciary. It also needs to maintain court accessions and controls so that the law enforcement institution need not be permitted to sabotage relevant legal laws purposes. Moreover, the law needs to be morally acceptable to follow the formal rule of law. Additionally, it also helps to provide awareness to the community to significantly safeguard individuals' human rights (Bingham, 2019).
Enhancing individual rights, this law helps to enhance the active participation of citizens within Legal procedures who love to support just law and maintain accountable institutions for maintaining individual dignity. For instance, the UK Human Rights Act 1998 was included in the European Convention on Human Rights to maintain that you case people can assert their rights within the UK domestic court and fairly access trials and scheduled procedures (Rab, 2019).
Conclusion
In conclusion, it can be stated that this essay highlighted the intricate interplay between human rights law and the rule of law. This also helps to demonstrate the rule of law in all aspects, including its foundation. These rules of law are maintained by institutions and communities to maintain people's dignity, independence, rights and values. This law maintenance is done by the judicial system, legal profession and many more. The UK is bound by multiple United Nations conventions that bind all people through this law, and they need to follow this law in Legal procedures also. In the criminology concept, this law also helps to maintain the suspect's right to a fair trial until the suspect can be found guilty. The rule of law, such as the “Human Rights Act 1998,” has done this job.
Therefore the rule of law is based on accountability, equality, fairness and independence. It does not act as a static that requires regular adaptation and commitment. In order to maintain its sustained action for identifying challenges in society in that the rule is thrive a significant action is required to maintain equality that is helpful to establish a proper society.
References
- Assembly (2023). The principle of the Rule of Law. [online] assembly.coe.int. Available at: http://assembly.coe.int/nw/xml/XRef/X2H-Xref-ViewHTML.asp?FileID=11593 [Accessed 22 Dec. 2023].
- Bingham, L. (2019). THE RULE OF LAW. The Cambridge Law Journal, 66(1), pp.67–85. doi:https://doi.org/10.1017/s0008197307000037.
- Endicott, T.A.O. (2019). The Impossibility of the Rule of Law. Oxford Journal of Legal Studies, [online] 19(1), pp.1–18. Available at: https://www.jstor.org/stable/20468255.
- Goold, B.J. and Lazarus, L. (2019). Security and Human Rights. [online] Google Books. Bloomsbury Publishing. Available at: https://books.google.com/books?hl=en&lr=&id=-Pa0DwAAQBAJ&oi=fnd&pg=PT7&dq=The+Rule+of+Law+is+fundamental+to+the+protection+of+human+rights+in+uk&ots=BsISqWoRIH&sig=H7wAv8ZKPRRVG0wR6VG67AtTY-U [Accessed 22 Dec. 2023].
- Heinonline (2022). Redirecting... [online] heinonline.org. Available at: https://heinonline.org/hol-cgi-bin/get_pdf.cgi?handle=hein.journals/injlolw11§ion=175 [Accessed 22 Dec. 2023].
- Lautenbach, G. (2018). The Rule of Law Concept. The Concept of the Rule of Law and the European Court of Human Rights, [online] pp.18–69. doi:https://doi.org/10.1093/acprof:oso/9780199671199.003.0002.
- Onuche, E.I., 2021. Attorney General's Power of Nolle Prosequi: A Relic of Colonialism or a Burden to Rule of Law?. AJLHR, 5, p.55.
- Rab, S. (2019). Practical Law UK Signon. [online] Thomsonreuters.com. Available at: https://uk.practicallaw.thomsonreuters.com/5-636-2498?transitionType=Default&contextData=(sc.Default).
- Royalholloway (2023). Law with Criminology. [online] Royalholloway.ac.uk. Available at: https://www.royalholloway.ac.uk/studying-here/undergraduate/law-and-criminology/law-with-criminology/ [Accessed 22 Dec. 2023].
- UN (2023). Rule of Law and Human Rights. [online] United Nations and the Rule of Law. Available at: https://www.un.org/ruleoflaw/rule-of-law-and-human-rights/#:~:text=As%20defined%20by%20the%20Secretary [Accessed 22 Dec. 2023].
- Worldjusticeproject (2022). What is the Rule of Law? [online] World Justice Project. Available at: https://worldjusticeproject.org/about-us/overview/what-rule-law#:~:text=The%20rule%20of%20law%20is%20a%20durable%20system%20of%20laws [Accessed 22 Dec. 2023].
