What is meant by the term the rule of law


Question I

i. What is meant by the term 'the rule of law'?

ii. What does it mean to say that the law (or a law) is weak because of a 'weak social contract'?

iii. What is communicative action and how can it be used to strengthen the legitimacy of a law?

iv. What is the difference between traditional authority and rational authority?

v. Explain the difference between an interventionist approach and a managerialist approach to enforcing laws (eg. Corruption laws).

Question II

Formulate an essay

i. Explain the concept of legitimacy and why it is important to the development and implementation of 'good' laws.

ii. A body of jurisprudence that is Pacific in flavour is inevitable and desirable. Discuss.

iii. "The legal system and laws within it must be responsive, understood, fair, effective, appropriate and available." Discuss.

Question III

Formulate an essay explaining your position:

i. Measures introduced to control and prevent COVID-19 in are appropriate and reasonable.

ii. Increasing the minimum and maximum penalty for rape will significantly reduce recorded instances of sexual assault.

iii. The rule of law is a foreign concept that can never mix with customary law.

iv. Neo-colonialism is merely a continuation of colonial rule. Discuss.

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