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    Rule of Law

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    4C (22) Yu Hoi Shuen
    The document discusses the concepts of rule of law, rule by law, and rule of man. It then outlines features of constitutional protection of human rights, including supremacy of the law and respect for individual liberty. It also discusses principles like legality, equality before the law, and judicial independence.

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    Rule of Law

    Uploaded by

    4C (22) Yu Hoi Shuen
    24 views2 pages
    The document discusses the concepts of rule of law, rule by law, and rule of man. It then outlines features of constitutional protection of human rights, including supremacy of the law and respect for individual liberty. It also discusses principles like legality, equality before the law, and judicial independence.

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    Rule of law

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    The document discusses the concepts of rule of law, rule by law, and rule of man. It then outlines features of constitutional protection of human rights, including supremacy of the law and respect for individual liberty. It also discusses principles like legality, equality before the law, and judicial independence.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    24 views2 pages

    Rule of Law

    Uploaded by

    4C (22) Yu Hoi Shuen
    The document discusses the concepts of rule of law, rule by law, and rule of man. It then outlines features of constitutional protection of human rights, including supremacy of the law and respect for individual liberty. It also discusses principles like legality, equality before the law, and judicial independence.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    Rule of law : It emphasizes the overriding status of law.

    Both the ruler and the ruled have to observe the law.
    Rule by law : It emphasizes that law is a ruling tool to restrain the ruled while the ruler is not bound by law.
    Rule of man: The ruler’s authority is totally free from restraisssnts of law while the rights of the ruled are not sufficiently protected by law.

    Constitutional protection of human rights Features of the law


    Supremacy of the law
    l The laws can protect constitutionally 1. Law must be open and clear
    l Respecting the authority of the law.
    guaranteed human rights. 2. Laws must be stable and keep up with times
    l All men are ruled by law and law alone.
    l No one may do anything that constitutes 3. The Principle of non-retroactivity
    l The rule of law is based on the respect (刑法只適用於其生效以後的行為，對其生效以
    a legal wrong or affects the personal
    for the law and the rights of others
    liberty of another unless there is a legal 前的行為不得適用)
    basis for doing so.
    Right to “Due process of law”
    The principle of legality
    1. Fair and open trial
    l Both the government and the citizens
    (All court hearings, save for some very limited exceptions
    must abide by the law and act in Rule of Law
    (e.g. involving children), are open to the public.
    accordance with its established statutes .
    Judgments, reasons for verdict and reasons for sentence
    l Laws must be observed by all.
    for District Court and above are also available on the
    Government and all public officials
    Judiciary website. All this ensures transparency.)
    derive their authority from the law as
    2. Promptness in handling cases
    expressed in legislations and the judicial
    Judicial independence 3. The right of silence
    decisions made by courts
    l In discharging their judicial duties, 4. Presumption of innocence before conviction
    the judiciary and its staff are totally 5. The right to defend themselves
    Principle of equality
    free from the influence of the (The defendant shall have the right to defend
    l Equality before the law is important
    executive and legislative branches to himself/herself on his/her own or through counsel. The
    manifestation of the spirit of the rule of
    maintain judicial independence. court must give him/her the opportunity to present
    law and no one is above the law.
    l The Chief Justice of the Court of Final evidence, call witnesses, cross-examine witnesses, make
    l All are equal before the law. All persons,
    Appeal is the head of Hong Kong’s statements, and defend himself/herself. The defendants
    regardless of race, rank, politics or
    Judiciary. have the right to have legal representation and the right
    religion, are equal before laws.
    to legal aid.)
    6. The right of appeal
    Blindfold: Justice is reason-
    based. It should be applied
    with regard to suspect’s
    appearance, identities or The pair of scales :
    status, representing Metaphor for the fairness
    impartiality and in the judicial process, in
    selflessness. which everyone gets what
    he/she deserves, no more,
    no less
    White robe : Moral
    integrity and uprightness

    The Lady Justice statue is usually in the


    form of a woman who is standing. She
    The sword : Severe is typically dressed in a toga-like robe,
    punishment with no maybe barefoot, and her hair is either
    tolerance flowing over her shoulders or braided
    in a bun or around her head. She
    holds a balance, or two-tray scale in
    one hand and a sword in the other;
    usually the scales are in the left hand
    and the sword in the right. She also
    wears a blindfold over her eyes.

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