The Rule of Law and Its Formal and Procedural Aspects


The rule of law is a concept which has several facets, including its Procedural and Formal aspects. However, there are some basic principles that define it. For example, it must be impersonal and impartial. In order to function properly, law should have general rules and orders. These general rules should be open and impersonal.

Principles of the Rule of Law

The rule of law is the concept of a country’s legal system. In other words, a country that follows the rule of law has a well-functioning legal system and the ability to protect its citizens. This concept is often called supremacy law, because it implies that no one is above the law. All people must abide by the law, regardless of race or nationality. The phrase is derived from the French term “le principe de legalite,” which means “the principle of legality.” The idea behind the rule of law is that law should govern a society.

Substantive justice involves identifying laws that are universally “just”. Many societies reject laws that are considered morally repugnant in one society, but accept them in others. Lord Bingham discussed the ambiguity surrounding the outer borders of substantive justice, but noted that there is general agreement on its core.

Formal aspects

The study of the formal aspects of law is a relatively new discipline in legal theory. It focuses on the characteristics of law as it applies to a society. It is a field that attracts special interest in legal philosophy, legal theory, and legal informatics. But the question is, can formal aspects of law be compatible with flexibility and the need for interpretation?

Formal aspects of law are important for the functioning of legal systems. They ensure that legal proceedings proceed fairly and without abuse. Moreover, they clarify the practical impact of proposed legislation.

Procedural aspects

Procedural aspects of law are related to the practical operation of the law. They are fundamentally concerned with the way legislation works and is implemented, especially the operational details of subordinate legislation. They can help clarify the practical consequences of a proposed law. This section of law covers a range of topics that are critical to understanding the functioning of law.

Substantive values

Substantive values in law are important principles that guide the application of law. These values are not procedural rules, but rather important social values that good jurists do not overlook. For example, substantive equality advocates support affirmative action and fair treatment for women and minorities. However, some people disagree with these values and believe that the rule of law is purely procedural.

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