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A person can do only things, which s/he can do lawfully. Under law, a thing which cannot be lawfully performed is considered not within one's power. Nemo potest praecise cogi ad factum: Nobody can be forced to a specific act Nemo potest venire contra factum proprium: No-one can act in a way contrary to his own prior actions.
The idea of the rule of law can be regarded as a modern iteration of the ideas of ancient Greek philosophers, who argued that the best form of government was rule by the best men. [25] Plato advocated a benevolent monarchy ruled by an idealized philosopher king, who was above the law. [25]
In The Concept of Law, H. L. A. Hart argued that law is a "system of rules"; [35] John Austin said law was "the command of a sovereign, backed by the threat of a sanction"; [36] Ronald Dworkin describes law as an "interpretive concept" to achieve justice in his text titled Law's Empire; [37] and Joseph Raz argues law is an "authority" to ...
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
In an unsparing dissent, Justice Sonia Sotomayor said the Supreme Court allowed a president to become a “king above the law” in its ruling that limited the scope of criminal charges against ...
It is best known in its original formulation: "Act only according to that maxim whereby you can at the same time will that it should become a universal law." [ 1 ] According to Kant, rational beings occupy a special place in creation, and morality can be summed up in an imperative, or ultimate commandment of reason , from which all duties and ...
"No one is above the law." Trump is the Republican candidate challenging Joe Biden, a Democrat, in the Nov. 5 U.S. election. Neither the prosecution nor the defense directly addressed that issue.
The idea of a law of ultimate justice over and above the momentary law of the state—a higher law—was first introduced into post-Roman Europe by the Catholic canon law jurists. [3] "Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law—the choice depending on ...