Lawmaking has little to do with the actual making of laws, but rather, communication between the legislature and agencies that supervise the actions of people and businesses. In the end, the goal of lawmaking is to make a society more prosperous and safe. It does this by ensuring that all of the activities of individuals and businesses are in line with the law.
Principles of the Rule of Law
There are several principles associated with the rule of law. One is the separation of powers. The legislative branch and executive branch must be separate powers under the law in order to properly fulfill their legitimate functions. The rule of law also requires that the courts be independent. The separation of powers can be achieved through various means, such as the separation of powers in civil law.
The principle of equality is also a key component of the rule of law. The idea behind equal access to courts is that everyone should be equally treated, and no one should be discriminated against on the basis of race, religion, or any other characteristic. While this may seem like a simple statement, it’s important to understand that it can be contradictory. It’s not possible to have equality under the rule of law if a court rules that certain groups have a lower chance of winning.
Formal aspects
In law, there are different types of formalities. Some are independent of the substantive content of the law, while others are related to it. These types of legal rules and processes are often called procedural. These types of rules and procedures are largely defined by the legislator, while others may be more flexible.
The basic concept of formal law is that it exists as a set of norms that regulate behavior. Other types of law, known as informal or customary law, are less formal but have their own set of rules. This type of law is sometimes illegitimate, leading to haphazard enforcement and popular justice.
Procedural aspects
Procedural aspects of law are those parts of a law that deal with the operational aspects of the law. The main purpose of substantive aspects of law is to determine what rights and responsibilities are conferred or modified by a law. By contrast, procedural aspects of law deal with how the law works, particularly in subordinate legislation. In practice, procedural aspects of law may have a greater impact on the way a right or duty is exercised.
Substantive values
Substantive values in law are social values that judges use to guide their decisions. These values are important because they guide the application of the law and are not necessarily governed by procedural rules. Good jurists don’t ignore them. These include equality and justice for all. For example, substantive equality advocates believe that all minorities should be treated equally and support affirmative action.
