Rule of Law ( Supremacy of Law ) :
Supremacy has meaning supreme power ( top ) . Laws and regulations its mean . Thus , Rule of Law as a rule have a sense that tertinggi.Mengenai formulation of the Rule of Law is actually no one has expressly provide understanding , this was due to the extent of such coverage law itu.Van Apeldoorn said that , many-faceted law and thus the extent of , so people do not unite in one formulation may be memuaskan.Apeldoorn also illustrates , in a matter of law , a person ) if he heard the words of the law was instantly reminded of AKN courthouse , lawyers , bailiffs , polisi.Mr.Soemintardjo et al's definition of law are the rules of life , which is coercive , which resulted in violation of strict sanctions and nyata.dari some excerpts of the above can be concluded that the law is a set of rules governing human behavior in social life in the community made by the official institution that and the enactment of coercive authority to be obeyed and sanctions against pelanggarnya.terdapat affirmative sentence regulate human behavior means set any nexus law committed by any person should not be , should not be based on the rule of law . There are also sentences the nature of force and affirmative sanction against those who violate them , this means that operation of the law can be enforced without exception pentaatannya although the rule of law as a body shaper , when the slightest of breaking the law firm as well as a real sanction in accordance with the pelangarannya . thus law represents the highest authority .
Normative and empirical recognition of the principle of the rule of law , namely that all legal issues are resolved with the highest guidelines . In the perspective of the rule of law ( supremacy of law ) , the country's top leaders are essentially true , is not human , but a constitution that reflects the highest law . Normative recognition of the rule of law is the recognition that is reflected in the formulation of laws and / or constitution , while the empirical recognition is reflected in the behavior of the recognition that most of the people that the law is ' supreme ' . In fact , in a republic that embraces the presidential system that is pure , that's what the constitution actually more apt to be called as the ' head of state ' . That is why , in a presidential system of government , not known distinction between the head of state and head of government as in the parliamentary system of government .
No comments:
Post a Comment