In the case involving Kim Davis and Judge Bunning, I believe Judge Bunning made the correct choice because, Rule of Law must be upheld, Kim’s position in an official government office required she operate indiscriminately, and her actions infringe upon freedoms guaranteed to other U.S citizens. It is because of these three reasons I believe Judge Bunning made the correct assessment regarding the issue brought forth by Kim Davis. Even though I personally disagree with same sex marriage, the law is the law and it must be upheld, Kim’s position as a county clerk requires that she fulfill her duties regardless of her personal opinion. The text book definition of rule of law is simply stated as the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws. This in laymen’s terms simply means that power is no-longer the ultimate decider, …show more content…
She has to abide by the rules of the office she is working in. not only that but When a public official cannot enforce the law in good conscience, he or she should resign and work to change the law through regular channels. Not refuse to do her job and deny a demographic of peoples their newfound liberties. Though I sympathize with Kim, as an elected official it’s her duty to work for the people who elected her should she wish to see a change in policy, she should have resigned the applied to be reelected stating her ideals beforehand so that people could reelect her into office under a new set of rules. On the flip side, when the people elected her into office, she had no objection to the law of marriage as it existed (between one man and one woman). However a couple of months ago, the Supreme Court changed the legal definition of marriage. Thus changing Kim’s responsibilities. This is when she should have resigned and worked to change the law through regular
To consider each principles power and their own basis within the British constitution, the rule of law needs to be defined too, but this is somewhat harder to do as it has no set definition. Different theories have attempted to define it though, and most agree with the Diceyan definition.It states that the rule of law contains three core elements - one, the law is absolutely supreme, two, everyone is equal before the law, and three, the Constitution may be found in the ordinary laws of the state.
The rule of law is whereby the government and all those who govern are bound by the law and everyone must follow the law. Rule of law is also known as nomocracy. Government individual officials are not entitled to make any decision which is not in accordance to the law (Paulsen, Calabresi, McConnell & Bray, 2013). All the citizens are governed by the law including those who make the laws. A. V. Dicey has highly advocated for rule of law in modern times and has popularized it. In history the idea of rule of law can be traced back to the ancient civilizations like China, Mesopotamia, and Rome among others.
After being in jail for five days, Davis was released from jail on September 8, 2015. Judge Bunning released Davis because he knew other clerks would take Davis’s position. The other deputy clerks did not have an interference with their religious beliefs like Davis did. Being released from jail also came with agreements. Davis would no longer issue marriage license since she could not agree with the law. Davis could continue being a clerk but not issue marriage license. Although Davis still wanted to issue marriage license, she conformed to the law and agreed to take another position. After being freed from jail, Davis was welcomed by a group of supporters outside of jail. The crowd shouted for Davis as she walked out from jail. Hundreds of people came from all over to support Davis as she was released from jail. Many people who rallied for Kim were also religious believers like Davis. Davis no longer issues marriage license but she does have another position as a clerk. She continues to have her religious beliefs no matter what may come her
County Clerk Kim Davis, of Rowan County, Kentucky, is in a difficult situation because she refuses to issue marriage licenses to homosexual couples. Herbert W. Titus and William J. Olson have written an article about why they think she is doing the right thing not just religiously, but Constitutionally as well. They outline the reasons why the stand she is taking is her only option as a Christian and as an elected official of the United States.
Many of the people all throughout the world are extremely furious about the Supreme Court’s decision in June 2015 when they all decided that gay people also deserve to be happy. According to critics, Kim Davis was one of the most furious people about the decision.
Many cases have been filed to the Supreme Court of the United States to legalize gay marriage, but the Supreme Court was reluctant to legalize it because it contradicts with most religions, including Christian religion. However, very recently the Supreme Court by 5-4 has legalized the same sex marriage. People also were divided into two groups. The first group were mostly conservative whom see this kind of marriage contradicts with their religious belief, opposed the decision. Second Group has welcomed the decision and consider it a landmark decision throughout the history of the United States. Thereby, people whom were deprived from getting marriage license due to their same sex statue began to go to courts to have their marriage license based on the law of the land of the Supreme Court. In one very complicated instance, the Kentucky Clark, Kimberly Jean Bailey Davis, refused to issue marriage license to four couples. She states that "To issue a marriage license which conflicts with God 's definition of marriage, with my name affixed to the certificate, would violate my conscience," Davis said in a prepared statement Tuesday. "It is not a light issue for me. It is a Heaven or Hell decision. For me it is a decision of obedience. I have no animosity toward anyone and harbor no ill will.
Law is a system of rules that are enforced through social institutions to govern behavior. (Robertson, Crimes against humanity, 90).Laws can be made by a collective legislature or by a single legislator, resulting in statutes, by the executive through decrees and regulations, or by judges through binding precedent, normally in common jurisdictions.
Living under Rule of Law means all of society including institutions are held responsible for law, and law will be enforced by law enforcement. Rule of Law has three main elements. The first element is recognition of underlying concepts and values emphasizing human nobility and value. The second element values and concepts are joined and formalized in writing and they present in revered documents. Finally, the third element substantial laws and directorial law and procedures are put into effect to hold state and agents of important value. The Rule of Law has laws limiting the government from having too much power. Under Autocratic the power is left in the hands of one person. The person who is left all of the power has complete control of decision making, and society has little to no input. Under an autocratic system there is no opposition, because there is no one to oppose. Theocratic government system is a religion base system that names god as a leader. Under theocratic laws are interpreted by someone who is represented. Here the church can take the position of a civil government if
The rule of law states that nobody is above the law and everyone must follow the law. The citizens as well as the government have to enforce or follow every law and the people feel safe knowing this because they know the government will not just do what it wants. This is the second most important limit behind constitution because laws need to be fair and taken into action in order for the country to have balance and order. When a country has a rule of law, everyone must follow the law even the president must follow these laws also. Therefore the law is even greater than
Very vaguely, the rule of law is: “the name commonly given to the state of affairs in which a legal system is legally in good shape.”
The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.
Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.
The rule of law is a difficult concept to grasp and proves elusive to substantive definition. However, the following work considers the attempts of various social and legal theorists to define the concept and pertinent authorities are considered. Attitudes and emphasis as to the exact shape, form and content of the rule of law differ quite widely depending on the socio-political perspective and views of respective commentators (Slapper and Kelly, 2009, p16), although there are common themes that are almost universally adopted. The conclusions to this work endeavour to consolidate thinking on the rule of law in order to address the question posed in the title, which is at first sight a deceptively simple one.
Rule of man is nonappearance of rule of law. It is a general public in which one individual, administration, or a gathering of people, rules subjectively.
According to Reference.com (2007), law is defined as: “rules of conduct of any organized society, however simple or small, that are enforced by threat of punishment if they are violated. Modern law has a wide sweep and regulates many branches of conduct.” Essentially law is the rules and regulations that aid in governing conduct,