The rule of law is a concept in political philosophy that distinguishes between lawful and despotic kingship. Throughout history, philosophers have argued for the rule of law in various forms, from ancient Greece to medieval Europe. Arguments about the Rule of Law continued through the Enlightenment, the American constitution, and modern times.
The Rule of Law is the central concept in any constitutional democracy. It expresses the belief that there is no right that cannot be enforced. This principle was established by Chief Justice John Marshall in the famous Marbury v. Madison case, where he said “a right is worthless unless it has a remedy.” He also established that a government of laws is superior to a government of men. The rule of law guarantees that every individual in society has the right to seek redress for a violation of a vested legal right.
Law has many characteristics. The biblical record shows that these features reflect God. The historic understanding of law parallels this biblical record. God is the preeminent characteristic of law, because He created the universe and prescribed the rules of law to govern it. Hence, law is the product of a superior, which is objectively real and mandatory upon the inferior.
The history of law has been shaped by various cultures. Historically, the roots of law are closely linked to the birth of organized human society. Pre-literate societies developed laws that were based on Roman law. These laws were codified and implemented over the course of time. Initially, these laws were based on oral rules and the rulers’ pronouncements. However, in the medieval period, a written version of law began to emerge.
Application of law is the process by which legal norms are implemented by state bodies and officials. This process involves establishing facts and addressing legal norms. It is an important part of the study of law.
Limitations in law relate to the periods of time when a certain action can be brought. A statutory right to work and a statutory guarantee of a regulatory standard are two examples. However, a law cannot include all the aims and demands of the normative community. Therefore, it must compromise in order to respond to a diversity of social expectations.
Sources of law are the earliest laws or rule systems that govern a country. These sources are usually local and regional, but may also come from other rule systems. For example, religion often draws upon important texts and laws handed down from elders. Some theories of law are based on natural law, which holds that certain laws are built into the fabric of the universe.