Rule According to Higher Law
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The rule according to higher law is a principle in legal theory that holds that certain laws or government actions must conform to a higher standard of justice, morality, or legitimacy. It posits that there are fundamental principles or rights that supersede or take precedence over ordinary laws and regulations.
The concept of a higher law can be found in various legal systems and constitutional frameworks. It suggests that if a law or government action violates the principles or rights enshrined in a higher law, such as a constitution or international human rights conventions, it may be deemed invalid or unconstitutional.
The rule according to higher law serves as a safeguard against arbitrary or unjust exercise of power. It ensures that legal systems uphold fundamental rights and principles, and it provides a mechanism for challenging laws or government actions that are incompatible with the higher law's standards.
By adhering to the rule according to higher law, legal systems strive to protect individual rights, promote justice, and maintain the rule of law. It establishes a framework for interpreting and evaluating laws and government actions in light of overarching principles that reflect the values and aspirations of society.
The concept of a higher law can be found in various legal systems and constitutional frameworks. It suggests that if a law or government action violates the principles or rights enshrined in a higher law, such as a constitution or international human rights conventions, it may be deemed invalid or unconstitutional.
The rule according to higher law serves as a safeguard against arbitrary or unjust exercise of power. It ensures that legal systems uphold fundamental rights and principles, and it provides a mechanism for challenging laws or government actions that are incompatible with the higher law's standards.
By adhering to the rule according to higher law, legal systems strive to protect individual rights, promote justice, and maintain the rule of law. It establishes a framework for interpreting and evaluating laws and government actions in light of overarching principles that reflect the values and aspirations of society.