The Rule Of Law ( Row ) Essay example

746 Words May 29th, 2016 3 Pages
The rule of Law (ROW) is an ambiguous concept and has been defined differently by different scholars. However, all agree that it forms part of the three principles that dominate New Zealand’s constitutional law. These principles are parliamentary supremacy, the separation of powers and the ROW. Although ambiguous, the main attribute of the ROW is the clear placement of restrictions it creates on arbitrary power. Rule by law instead of rule by man. This form of restriction occurred in Entick v Carrington. It was held that action taken by any government officials must be justified by positive law. In this particular situation, the bill aims to act as positive law to justify action taken by the HuaWhenua City’s officers against gang members wearing or displaying gang insignia in specified places in the city. The sections that will be analysed are 4, 5, 6, 7 and 8.
It is vital for the bill to coincide with the ROW.

According to Craig, the ROW consists of a dichotomy. Formal and substantive conceptions. Formal conception disregards the content of law. Raz endorses the formal conception by defining the ROW through two overarching concepts: that "people should be ruled by the law and obey it" and "the law should be such that people will be able to be guided by it". Principles that are attributed to his notion include having the law as clear, open, prospective, relatively stable and general. Morality does not play a strong role in the formal conception. Hence, in this…

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