Terms of Contract

The English contract law refers to a body of law that regulates contracts in Wales and England. These contracts are often legal binding agreements that acknowledges and control the rights and duties of the parties involved. In case of a breach of contract the law grants the affected party access to legal remedies for damages.

The rule of law is a contested concept; it is more concerned about the control of public power through law while protecting an individual. Legality is a core element in the rule of law hence it requires government to act basing on law, and it also sets the requirements by which the law has to adhere to. The government has to act and provide access to fair hearing for individuals. Through the separation of the three powers of government, it ensures that laws are not made with a certain case in mind. The formal elements of rule of law offer protection to individuals to a given extent against the subjective power of government[1].

           Substantive law as a set of written statutory rule approved by the legislature controls how a society should behave. It also defines the set rights and responsibilities for citizens both in criminal and civil law. Hence criminal law comprises offenses that are punishable, this include felonies and misdemeanors that are in contravention to the continental law. The principles and doctrines apply to one’s judgment of crime that qualifies for provision on criminal legislation. This indicates elements of the rule of law that protect individuals to a certain extent against the subjective power of government. The legality of this requirement promotes individual autonomy since it allows individuals to plan their lives. Although the elements of the rule of law are necessary, they are not sufficient to regulate the limits to substantive law.[2]

The incorporation of the human rights protection in the rule of law has the ability to set substantive limitations on substantive law. The main intent of human rights is to protect individuals from the government’s arbitrary power. The international human rights law clearly lists economic, civil, political, cultural and social human rights. Therefore, when the state signs a treaty it is legally expected that it will protect and respect the rights in the contract to ensure that it is realized through the law. Individuals equally have a right to popular participation in conducting public affairs in the legislative, administrative and executive exercise of power as part of an individual’s human right. In addition, the procedural rights set the rule of law principles hence making it part of the law. Participation is not only a valuable end because it can influence the realization of other essential goals like inclusion, self-determination and identity[3].

Legality hence demands the law to encompass democratic heritage which is stated as an element of the rule of law. Though the rule of law and democracy can be differentiated it has similar concepts since they both intend to protect equality as well as the autonomy of individuals. In the European states the rule of law connects with democracy, human rights because they form interrelated concepts of the political tradition of States.  In the UK the concepts of rule of law in relation to democracy is limited by the constitution therefore despite the balance attained, the fundamental rights and democracy differs.[4]

The principles of the rule of law in Western systems include the requirement that the law be clear, public and appropriate. However, these principles of the rule of law vary from the principles of the ordinary which directly controls the legal relations in the immediate address of the law.[5] It includes the moral principle that no individual should profit from their own wrong. The principle of the rule of law thus is direct and constrain to how the law is created and implemented. The second principles of the rule of law are formal; they indirectly serve the primary substantive policies, principles and values that are incorporated in the first principles rules and laws that serve the political and legal values.

           The principles of the rule of law therefore consist of forms of authorized law that correspond to established criteria; the accepted criteria should determine validity of law; the law should be uniform within state borders, be feasible and appropriate.[6] This is applicable to general and definite rules to classes of persons, circumstances, acts, citizens where appropriate; it should be in written form, published or made accessible; in case of changes in the law it should be prospective and not retroactive; the behavioral requirement of law be within the capacity to comply and the law should be made into effect and not regularly changed.[7]

            Participation in decision making is relevant to the success or failure in the efforts to endorse the rule of law. People care about the level of exclusion or inclusion in social groups[8]. Hence exclusion based on race, religion, ethnicity, origin or location carries the risk of violent upheaval or civil war. Therefore, participation in decision making is influential in creating identity, self-determination and inclusion. Citizens are able to participate in decision making through elective processes of representatives who make the decisions on their behalf.

            The influence and impact of legal decision making in the development of concepts and application of law in its practical and commercial setting is expansive and is deemed to be part of an individual’s human right. Individuals are able debate or dialogue to have their views adopted through a proposed law or policy decision. The opportunity to communicate and make decisions that affect them as citizens is vital. One of the impacts of participating in decision making is that their views are considered and the final decision is provided. Through participation self-determination, inclusion and identity are likely to be nurtured.[9] Participation in decision making can help build relations between those who are in government with ordinary citizens who are governed and build on trust.

            In the periods where citizens experience conflict, dictatorship and colonialism, it creates distrust between the citizens and the government. Therefore, there is always need to recreate dynamics and relationships. Participation, dialogue and inclusivity between state and society develop a base for trusting relationships[10]. Participation in decision making can also break conflicts in ethnic or racial divisions. Hence it can play a role in improving legitimacy of government, its policy decisions as well as its actions. Legitimacy is relational hence when relations are deemed to be illegitimate the decisions of government will equally be considered as illegitimate which undermines the compliance of law and its accountability. Consequently, when public deliberation is present the outcome is considered legitimate.

References

Ashworth, Andrew. (2003). Principles of Criminal Law, 4th ed., (New York: Oxford University Press, 2003).

Belton R K, Competing Definitions of the Rule of Law: Implications for

            Practitioners, (Carnegie Paper No. 55, January 2005).

Bingham L, The Rule of Law, The Sixth Sir David Williams Lecture, Centre for Public

            Law (16 November 2006).

Narayan D, Patel R, Schafft K, Rademacher A, and KochSchulte S. Voices of the Poor: Can Anyone Hear Us? (New York: Oxford University Press 2002).

O’Connor V, INPROL Practitioners’ Guide: Introduction to Common Law and Civil Law Traditions, (Washington, D.C.: INPROL, 2012).

Tamanaha B Z, A Concise Guide to the Rule of Law St. John’s Legal Studies

            Research Paper (2007)

Tyler RT, Procedural Justice (Aldershot: Ashgate Publishing, 2005).

United Nations Development Programme. Strengthening the Rule of Law in CrisisAffected and Fragile Situations; Global Programme (New York: United Nations Development Programme, 2011).

                [1] Rachel Kleinfeld Belton, Competing Definitions of the Rule of Law: Implications for

Practitioners, (Carnegie Paper No. 55 January 2005).

[2] Brian Z Tamanaha, A Concise Guide to the Rule of Law St. John’s Legal Studies

Research Paper (2007).

[3] Tom Tyler, Procedural Justice (Aldershot: Ashgate Publishing, 2005).

[4] Andrew Ashwort and Jeremy Horder, “1. Criminal Justice and the Criminal Law” (Principles of Criminal Law, 2013).

[5] Deepa Narayan, Raj Patel, Kai Schafft, Anne Rademacher, and Sarah KochSchulte, Voices of the Poor: Can Anyone Hear Us? (New York: Oxford University Press, 2002).

[6] Lord Bingham, The Rule of Law, The Sixth Sir David Williams Lecture, Centre for Public

Law (16 November 2006).

[7] Vivienne O’Connor, INPROL Practitioners’ Guide: Introduction to Common Law and Civil Law Traditions, (Washington, D.C.: INPROL, 2012)

[8] United Nations Development Programme, Strengthening the Rule of Law in CrisisAffected and Fragile Situations; Global Programme (New York: United Nations Development Programme, 2011).

[9] Lord Bingham, The Rule of Law, The Sixth Sir David Williams Lecture, Centre for Public

Law (16 November 2006).

[10] Vivienne O’Connor, INPROL Practitioners’ Guide: Introduction to Common Law and Civil Law Traditions, (Washington, D.C.: INPROL, 2012).