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- Rule_according_to_higher_law abstract "The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of political or economical decision-making, when a government, even though acting in conformity with clearly defined and properly enacted legal rules, still produces results which many observers find unfair or unjust."Higher law" can be interpreted in this context as the divine or natural law or basic legal values, established in the international law, – the choice depending on the viewpoint. But this is definitely a Law above the law. And it is in this capacity that it possesses the equal legal value for both the common and civil law jurisdictions, as opposed to natural law which is largely associated with common law. "To recognize the necessary connection between the rule of law as an ideal and well-constructed constitutional government does not and should not be taken to imply that all states can or should maintain the same constitutional structures in practice".The rule according to higher law is a practical approach to the implementation of the higher law theory which creates a bridge of mutual understanding (with regard to universal legal values) between the English language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat, translated into other languages of continental Europe as État de droit (Fr.), Estado de derecho (Sp.), Stato di diritto (It.), and Правовое государство (Ru.). The latter doctrine is the product of continental European legal thought which had adopted it from German legal philosophy. Its name can be translated into English as “legal state” or "state of law" or "state of rights" or "constitutional state" – consistently meaning the state in which the exercise of governmental power is kept in check by the higher law rather than by the changeable law established by this state. Amartya Sen mentioned that the legal theorists in ancient India used term of classical Sanscrit "nyaya" in the sense of not just a matter of judging institutions and rules, but of judging the societies themselves.".
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- Rule_according_to_higher_law wikiPageID "28648059".
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- Rule_according_to_higher_law subject Category:Law.
- Rule_according_to_higher_law subject Category:Philosophy_of_law.
- Rule_according_to_higher_law subject Category:Sovereignty.
- Rule_according_to_higher_law subject Category:Theories_of_law.
- Rule_according_to_higher_law type Abstraction100002137.
- Rule_according_to_higher_law type Cognition100023271.
- Rule_according_to_higher_law type Explanation105793000.
- Rule_according_to_higher_law type HigherCognitiveProcess105770664.
- Rule_according_to_higher_law type Process105701363.
- Rule_according_to_higher_law type PsychologicalFeature100023100.
- Rule_according_to_higher_law type TheoriesOfLaw.
- Rule_according_to_higher_law type Theory105989479.
- Rule_according_to_higher_law type Thinking105770926.
- Rule_according_to_higher_law comment "The rule according to a higher law means that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice.".
- Rule_according_to_higher_law label "Estado de derecho".
- Rule_according_to_higher_law label "Rule according to higher law".
- Rule_according_to_higher_law sameAs Estado_de_derecho.
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