Supremacy Of The Law

Supremacy of the law is a basic model in the western democratic order. This rule requires citizens and governments to be matter to known and standing law. This also calls for generality in the law. This principle of supremacy of law is a further establishment of this principle of equality previous to the law, means that laws should not be prepared in respect of particular individuals. As dicey postulated, the law presupposes the absence of broad flexible authority in the rules, so that they cannot create their own laws but most govern according to the establish laws. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security. Therefore, laws ought to be rooted in moral principles, which cannot be achieved if they are framed in too detailed a manner.

The idea of the supremacy of law requires a definition of law (to which the above principles may prerogative decree. A failure to maintain the formal differences between these things must lead to a conception of law as nothing more than authorization for power, rather than the guarantee of liberty, equally to all.

The rule of law ensures that individuals have a secure area of autonomy and have settled expectations by having their rights and duties pre-established and enforced by law.

It is essential to the supremacy and effectiveness of Community law that the law should be capable of being enforced in national courts, as a matter both of principle and of practice. Explain the rights of an individual or a company to rely on a provision of Community law in their national courts. The effectiveness of a system of law depends on the extent to which individuals can rely on its provisions. The ability of an individual to rely on the provisions of Community law has often being called into question, and on this basis the effectiveness and supremacy of EC law has often been undermined.

Historically, the laws of parliament have been supreme, the final statement of the will of the people and not subject to review be another body. in order to establish the rule of the law, the foremost important thing is to assert the law supremacy over executive power and people actions, and to make sure that every citizen understands not only the necessity and desirability of observing the law, but also understands that without this there cannot be normal development our the society and third is the establishment of the effective court system.

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