PUBLIC GOVERNANCE VALUES OF THE RULE OF LAW

PUBLIC GOVERNANCE VALUES OF THE RULE OF LAW Table of Contents Concept 3 Features 3 Applicability 3 Islamic perspective 3 References 5 Concept The Rule of Law is viewed as the dominant phenomenon of law in society that is mostly used for restricting individual behavior (Krygier, 2016). All the individuals, entities, institutions and groups are obligated to follow the rule of law if they are the part of a civil society. Features The legislations under the Rule of Law are stable, clear and publicized. They are used for protecting fundamental human rights and are applied evenly in all circumstances. The main features of this phenomenon are that they are publicly promulgated, equally enforced, consistent with the international principles of human rights and are adjudicated independently. Applicability The application of the Rule of Law in UAE is subjugated to everyone including the government, ministers, common individuals, judges. The applying process of the law, its enforcement, its enactment and its administration are fairly accessible, efficient and easy. It restricts an arbitrary exercise of power in the UAE society and promotes justice and individual freedom in an ordered society. Islamic perspective The Qur'an is the source of Islamic Rule of Law and it is the primary component of governing the Muslim world. It is based upon the idea that God, man and all other individuals; Muslim or non-Muslim are part of God’s creation and therefore should be treated equally (Middle East Institute, 2020). the Qur'an provided the basic textual starting point for all legal decisions. However, it was not viewed as a comprehensive regulatory text stipulating specific rules of what a person could and could not do as an obvious basis for legal decisions – in fact, there were very few specific rules of that nature in the Qur'an. Instead, in it the principles, values, and techniques of reasoning were used as the defining path by which each scholar was meant to arrive at a decision. The principles of justice in the Qur'an were absolute, and so any policy or decision had to follow in pursue that ideal. References Australian Constitution Centre (2020) Rule of Law application Retrieved from: https://www.australianconstitutioncentre.org.au/the-rule-of-law.html#:~:text=The%20rule%20of%20law%20restricts,Government%20Ministers%2C%20Parliamentarians%20and%20Judges. Krygier, M. (2016). The rule of law: pasts, presents, and two possible futures. Annual Review of Law and Social Science, 12, 199-229. Retrieved from: https://www.researchgate.net/profile/Martin_Krygier/publication/301894818_The_Rule_of_Law_Pasts_Presents_and_Two_Possible_Futures/links/5dc8e5af92851c8180436066/The-Rule-of-Law-Pasts-Presents-and-Two-Possible-Futures.pdf Middle East Institute (2020) Muslim Perspective on Law Retrieved from: https://www.mei.edu/publications/islamic-law-shariah