This law comes from the judiciary. Although the courts do not pass laws, they interpret them. This means that the judiciary bases its legal decisions on what is in the constitution and on previous court decisions in similar cases. This is a process called stare decisis, which means “to leave the decision standing” in Latin. The laws of our nation generally flow from our shared values and morals. In our country, we have laws at the national and state levels. As citizens, we tend to be more familiar with national and local laws, as these are the laws we encounter the most in our daily lives. These laws protect us from crimes such as murder, robbery, rape and assault. They also make sure we don`t drive too fast, mow our lawn, and keep our dogs on a leash.
In the United States, we also have a national government that makes laws. At the national level, we have laws on cybercrime, narcotics, treason and things like copyright and patents. Recently, we have seen state and local governments pass laws that could cause us to question the limits of government power. For example, Justice Kennedy suggests that the rule of law has taken on special meaning for the people of the United States, based on our history of looking toward the law to fulfill the promises of freedom, justice, and equality set forth in our nation`s founding documents. Indeed, as we discussed in more detail in Part II of the Dialogue, our understanding of the rule of law in the United States has evolved around the belief that one of the primary purposes of the rule of law is to protect certain fundamental rights. The U.S. Constitution was a nation`s first attempt to create a written constitution of laws that would bind the government and guarantee special rights to its people. Today, the rule of law is often linked to efforts to promote the protection of human rights worldwide. In the United States, we have written laws that help us peacefully resolve disagreements through a fair justice system. It is up to the courts to interpret the laws.
It is up to judges and juries to decide whether we have actually broken the law. Despite these provisions, cases of sexual abuse are on the rise, indicating a clear picture of poor implementation. Many eminent personalities have also spoken about the problem of poor law enforcement in our country. The Supreme Court of Rajasthan said: “The country has adequate laws, but problems arise when they are not translated into letter and spirit, and many people seek recourse when such problems arise.” Justice Gopal Krishn Vyas also told a workshop on land grabbing: “Indian law is beautiful, but problems arise due to the lack of implementation of legal provisions.” Elizabeth Cady Stanton`s quote also highlights another important aspect of the rule of law. People must be asked to obey the laws they can and will obey. When laws are impossible or even difficult to follow, citizens` respect for the law begins to erode. We also have laws that protect our rights as citizens and include things like: The main goal of passing laws, rules, and regulations is to create peace in a society where every person feels safe. Laws are enacted to reduce the crime rate in the country and to ensure that potential offenders are afraid of not committing the crime. However, it is observed that neither crime rates are falling and criminals are not afraid of the law.
Therefore, it is very important to make legislative changes in order to restore peace in society. Laws and their implementation need to be reviewed. Although there are predefined penalties in the laws, people commit these crimes. From this, one could understand that the laws must be stricter, which prevents the perpetrators from committing the crime. As a general rule, strict laws and better enforcement are needed for all crimes, but some special cases require special attention and swift changes and decrees. Justice must be done to the victim and her parents in a timely manner and without undue delay. For this, the enactment of strict laws and their proper implementation are important. Cases where the demand for immediate strict laws and better implementation is necessary are: As citizens, we respect laws because they are clearly communicated and applied fairly. Everyone is held accountable under the same laws, and those laws protect our fundamental rights. This is the foundation of the rule of law in the United States.
In 2017, 176 countries had environmental framework laws, 150 countries had enshrined environmental protection or the right to a healthy environment in their constitutions, and 164 countries had established ministerial bodies responsible for environmental protection, according to the first global assessment of the environmental rule of law. The following steps will be taken to deliver justice through strong laws and better enforcement: neither the laws nor the procedures used to create or enforce them must be secret; and. Laws must not be arbitrary. Justice Wood`s observations underscore the need, first, for an open and transparent system of laws and, second, for laws to be applied in a predictable and consistent manner. Openness and transparency are essential. If people are unable to know and understand what the law is, they cannot be expected to obey it. At the same time, people deserve to know why a certain law was passed and why they are being asked to follow it. In the United States, it seems that we have laws, rules and regulations to monitor almost everything. We don`t always like these rules, as they often mean someone telling us what to do or preventing us from doing what we want. But to live in a civil society, we need certain rules that we must follow. A second concern stemming from the data is that we need to think about why rape and sexual assault are still prevalent despite sweeping laws. Romit Chowdhury suggests that for Indian men, the demonstration of masculinity, which has always been based on harassing women, is now also linked to the violation of laws protecting women.
An effective enforcement mechanism is important for the legal process. Better implementation is needed because, no matter how rigorously laws are enacted by legislators, unless they are not properly enforced, written laws have no benefit. Laws mentioned or prescribed will not help if they are not effectively enforced. The essential elements for better implementation are the police, prison authorities, investigators, etc. The police are responsible for public safety. They are the ones who reach every crime scene, and they have the power to catch the perpetrators and bring them to justice. Therefore, it is very important that the police work effectively to catch the perpetrator as quickly as possible in order to bring justice to the victim. The rules and regulations that maintain discipline in any society are the “laws.” These laws provide cogs for society and say how people should behave to build a better society. Law is considered the most important part of society and is the pillar on which our society is founded.
But what happens if the laws passed are not properly enforced? The fear of not committing the crimes will not come if we have strict laws, but the fear will come if we have the right application of the laws. Only the stricter and more orderly application of laws can convince a person not to commit a crime, because then the person will think twice before committing a crime and will be constantly afraid of being punished. Stricter laws without proper enforcement cannot act as a deterrent. The laws enacted by the government are lenient and, therefore, people are not deterred from committing crimes. Strict laws are mandatory to scare potential perpetrators into knowing before committing the crime that they will face serious consequences. It is important to establish public fear of any crime that may be caused by severe penalties. Harsh sentences do not mean that a person will be severely punished for a minor offence, but it does mean that the sentence must be such that the offender must not dare to commit the crime again, and any potential offender will be frightened if they understand the consequences of their act.
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