Rule of Law Administrator Challenges in the Judiciary System

Week Five- Administrator Challenges Paper
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Week Five- Administrator Challenges Paper
The rule of law refers to the method, process, institution, practice, or custom that upholds the equality of all people before the law, ensures a type of government that is not subject to arbitrary rule, and, more generally, thwarts the exercise of power in an arbitrary manner. The use of arbitrary power is characteristic of despotism, absolutism, authoritarianism, and totalitarianism in their different guises. Even under despotic regimes, the institution at the top of the power hierarchy has the ability to act without regard to the letter or spirit of the law at any time it chooses. An example of such a government would be Saudi Arabia, which is ruled by a junta. The courts are responsible for deciding cases and applying the law as part of their active duty.
In order to illustrate the relevance of the rule of law to a person who thinks that the most essential component of politics are not how power should be governed but rather who should be in power, such a person will never be convinced. Anyone who thinks that the institutions of public authority are nothing more than the tools of the ruling class and that these institutions, rather than just being limited, ought to be eliminated will not either (Radin, 2017). The need for those who govern and those who are ruled to be answerable to the law under the rule of law is, on the other hand, considered to be of indisputable worth in most modern democratic nations. To be sure, in today's society, the liberal tradition is the one that places the greatest importance on the primacy of legal norms. Those liberals who are concerned about preserving and realizing liberty in some form consider the rule of law as an all-encompassing safety net. However, there is a large amount of debate even among liberals over what constitutes a genuine application of the word and, even when that is nailed down, how it is to be done. This is the case even though liberals generally hold more liberal views.
The concept of the rule of law is not an accurate representation of any condition of circumstances; rather, it is a complicated ideal that is even more difficult to put into practice than the ideal itself. As a result, there is cause to be suspicious about whether or not societies necessarily gain from everything that may be claimed under the phrase. For example, if the judiciary's independence is used to encourage the sectoral privileges of judicial staff or to enable uncontested interpretations of the law, there is an obvious issue. The independence of the judiciary is a problem (Krygier, 2021). It is possible that putting too much focus on the formal features of the rule of law, such as procedural fairness, might divert attention away from the substance and effects of the laws themselves. Some people believe that a conception of the rule of law that is overly focused on its formal aspects leads to significant vices. The...