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But to be a valid rule, the legal system of which the rule is a component must, as a whole, be effective. According to Hart, any rule that complies with the rule of recognition is a valid legal rule. For example, if the rule of recognition were "what Professor X says is law", then any rule that Professor X spoke would be a valid legal rule.
The World Justice Project (WJP) [146] is an international organization that produces independent research and data, in order to build awareness, and stimulate action to advance the rule of law. [147] The World Justice Project defines the rule of law as a durable system of laws, institutions, norms, and country commitment that uphold four ...
The "Rule of Four" has been explained by various Justices in judicial opinions throughout the years. [2] For example, Justice Felix Frankfurter described the rule as follows: "The 'rule of four' is not a command of Congress. It is a working rule devised by the Court as a practical mode of determining that a case is deserving of review, the ...
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
A variety of rulers A carpenter's rule Retractable flexible rule or tape measure A closeup of a steel ruler A ruler in combination with a letter scale. A ruler, sometimes called a rule, scale or a line gauge or metre/meter stick, is an instrument used to make length measurements, whereby a length is read from a series of markings called "rules" along an edge of the device. [1]
Rule 5, as advocated by James E. Krier, Earl Warren DeLano Professor of Law at the University of Michigan Law School, and Stewart Schwab, Professor of Law at Cornell Law School, in Property Rules and Liability Rules: the Cathedral in another Light provides for a solution for the shortfalls of Rule 4. Under Rule 5, the court would use a best ...
The rule according to a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. [1] Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of ...
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.