Law can be broadly divided into three categories: the Procedural and Formal. The latter category is focused on the substantive values of a legal system, and the former covers the formal aspects of a system. The first category covers regulation, which deals with the provision of public services and utilities. Examples of regulatory law include water law. The privatisation of services has shifted the burden of service management from the government to private companies, but this process has created a new set of social responsibility obligations for the private companies doing these jobs. Most countries within the OECD region have some level of regulation in sectors such as energy, gas, water, and telecomms.
Principles of the Rule of Law
The principle of the rule of law is one of the most fundamental ideas of constitutional democracy. It ensures that the law is applied equally and fairly to all citizens. It also separates powers among the executive, legislature, and judiciary. Laws should be transparent and accessible to the public, and be made by representatives of the people. Furthermore, under the rule of law, all individuals are presumed innocent until proven guilty. They also have the right to remain silent and to not incriminate themselves.
The fifth principle of the rule of law expresses the idea that laws in a society must be just and protect fundamental human rights. While some countries might claim to be under the rule of law, others do not. Nazi Germany possessed elements of the principle of the rule of law, but was not governed under it.
In a nutshell, the formal aspects of law are the rules that govern how cases are handled and resolved. These rules include how a lawsuit is filed, how evidence is gathered, and the process of trial and settlement. These aspects of law are crucial to the Rule of Law and contribute to the stability of a legal system. They protect citizens and promote predictability and equality, which is important for economic growth. In addition, the formal aspects of law are founded in a fundamental theory of law, which argues that law is a set of rules that are meant to safeguard human dignity.
Laws should be universal and epistemically accessible. People should be able to study them, internalize them, and use them as a guide. In addition, legal institutions should be open to the public, so that they can settle disputes and protect citizens from abuse of power. The rule of law also requires that government officials be accountable for their actions, and that legal procedures be fair and impartial.
Procedural laws regulate the methods of legal proceedings and determine who is entitled to exercise their rights and responsibilities. These laws are distinct from substantive laws. They have different natures and origins, and are applied in specific legal contexts. The distinction between these two types of laws is a matter of judicial interpretation.
Procedural aspects of law govern the process of court hearings, as well as the rules of evidence and discovery. These rules also govern how courts handle certain types of cases, including criminal charges and civil lawsuits. They specify how courts proceed in such situations, and help to determine if a case should proceed to trial or settlement.
In the legal world, there are two basic types of law: procedural and substantive. Procedural law governs a particular set of procedures, whereas substantive law governs the rights of individuals. Substantive law can be either common or enacted by statute. For example, a state or federal statute can give an employee the right to sue for employment discrimination.
Rule of Law theory offers several principles that can be distilled into substantive values. These principles include generality, prospectivity, consistency, and practicability. Some ordinary people will also refer to things like the absence of corruption, the independence of the judiciary, and the presumption of liberty.