The Law and the Rule of Law
Law, or the rule of law, is the process of establishing a legal system. The process of lawmaking involves a combination of several different stages. The first is the legislative stage, where the law is created, followed by the legal process. The last is the application of the law, in which the lawyer plays a greater role than the legislator. Law is coercive by nature, and it is intended to serve the interests of society. In its broadest sense, it is a tool of social engineering, according to Roscoe Pound, a student of law. He also thought of law as a historical instrument.
Conventionality
The doctrine of conventionality control involves a strong notion of international judicial supremacy, and has evolved over the years to form a consolidated doctrine of international tribunals. But recent criticisms of the Inter-American Court’s style and interpretation criteria have cast doubt on this doctrine. This article examines the theory’s foundations, the supremacy of conventional law, and how it has been applied by the Inter-American Court.
Conventionality is a theory that contends that legal authority arises from conventional social practices. The theory discusses the relationship between the rule of recognition and the social practices of officials. It argues that a rule of recognition can be duty-imposing and, in some cases, is not.
Separability
The Law of Separatability is a legal doctrine recognizing the separation of contract and business interests. This doctrine is recognized in national and international legal instruments and by numerous court decisions. It has also gained significant recognition in the arbitration field. A good example of a separable contract is a binding arbitration clause.
In some jurisdictions, a separate agreement may be void even if it contains an arbitration clause. The separability doctrine can help protect the jurisdiction of the arbitral tribunal and the legal parameters for resolving the dispute. The main goal of the separability doctrine is to uphold arbitration agreements and to determine the proper law for the arbitration agreement.
Self-determination
Self-determination under law is a right that a state or territory may exercise. This right was first recognised in the context of decolonisation. However, this right has been widely extended and interpreted beyond the colonial context, as well as in post-colonial settings. Scholars have also argued for the right to self-determination to be extended to analogous cases, where people have opted to integrate with another state and expressed their free will to do so.
However, defining the term “people” in the context of self-determination under law remains difficult. Despite this difficulty, most members of the international community agree that self-determination should be regarded as the right of a group that has a common identity and should have the right to determine its own political fate in a democratic manner.
Rule of men
The rule of men is a system in which one person rules over a society. This rule is unaccountable, and the ruler changes from time to time. It is the most common form of rule in societies today. This system is not a good one for society, however, and is likely to lead to unsustainable situations and unreliable decisions.
The Rule of Men has been called the most destructive system in the history of modern society. It has caused many countries to fail to realize their potential. The result is an unrepresentative, unjust society. This system is characterized by political instability, as rulers constantly change and cannot be trusted.