Moreover, good law or a bad law, but

Moreover, the two schools of thought are one of the most obvious reasons for its multiple definitions. Formal conceptions of the rule of law address the way in which the law was promoted by discussing whether it was sanctioned by an authorised person, in a legal and authorised way. Furthermore, is the law sufficiently clear to guide an individual’s behaviour.Thus, formal rule of law believes laws must adhere to certain procedural requirements. The formal view does not target the morality of the law but instead focused on whether the law matches up to the criteria of the Rule of Law. Joseph Raz is a core promoter of the formal rule of law and states that in order to achieve the desired certainty laws should be ‘prospective, clear, adjudged by an independent judiciary and must allow its citizens access to the courts’. (2)  Therefore, formal rule of law does not intend to pass judgment upon the actual content of the law itself.

It is less concerned as to whether the law is a good law or a bad law, but actually that the goals of the rule of law are met and thus working as a shield between the individual and excessive governmental power.In opposition, substantive conceptions of the rule of law focus on the morality of the law and not only the practicality. They accept that the rule of law has the formal qualities, however, they prefer to discuss it on a more moral level.  Substantive conceptions prefer to use the formal law criteria as a basis and then differentiate between what is a morally good law or bad laws. Leon Fuller a legal philosopher who discussed the morality of law (3) analysis takes a much more substantive view than Raz’s. According to Fuller, the law must possess some form of internal morality to be worthy of being called a legal system and if they lack the internal morality it leaves them simply being a governmental system and not a legal system. Moreover,  a legal system must have the populations best interest and not just ignore whether the law is morally secured or not.

We Will Write a Custom Essay Specifically
For You For Only $13.90/page!

order now

.In the book ‘Rule of Law’ (4) Lord Bingham highlighted on what he believed to be the 8 sub-sections to the rule of law, in a rather substantive view.  He focused on how he believed  ‘legal processes should be fair and just’. 


I'm Mary!

Would you like to get a custom essay? How about receiving a customized one?

Check it out