The Function of Law and the Rule of Law in Canada


The function of law is to preserve peace, the status quo, and individual rights, promote social justice, and provide orderly change in society. There are different types of legal systems, some of which serve these purposes better than others. Some, such as authoritarian governments, oppress political opponents and minorities. Others, such as colonialism, establish peace by imposing the rule of law.

In a well-ordered society, people often disagree, and law provides a way for people to resolve their disagreements peacefully. In cases of property disputes, for example, the courts will decide who is the real owner of a property and what rights are protected by law. Laws also protect individual rights and protect society from crime. In Canada, the legal system is structured to respect the rights of individuals, while ensuring that the rule of law is applied equally to all.

The rule of law is a concept that has been around for millennia. Its advocates have argued that it is an essential aspect of political order. However, critics question the morality of Fuller’s principles, saying they are not necessary for law-making. It is difficult to evaluate any modern understanding of the rule of law without understanding its historic roots.

The Rule of Law is connected to the principle of separation of powers in the Constitution. This principle was derived because of the unhealthy concentration of power in our society. The separation of powers is also based on the distinct significance of stages in the making and application of law.

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