Due process and the Rule of Law Essay Example | Topics and Well Written Essays - 1250 words

Due process and the Rule of Law - Essay Example As Mapara points out, the rule of law can be stated as a legal maxim whereby government is required to make decisions on the ground of known legal principles. A government that operates under the rule of law can be called as a nomocracy. When a government hurts interests of a person without considering the exact law practices, the situation constitutes the violation of due process and the rule of law. It must be noted that the administrative due process is different from judicial due process. Administrative due process is mainly used to make decision related to administrative discharges. The opportunity to be heard is the main focus of the administrative due process. This process is applied to protect individual rights. As Dropkin and McComas point out, the major aim of the federal due process is to protect fundamental conceptions of justice; and as per the provisions of the federal due process, states need to respect and comply with their communities’ accepted norms and belie fs. 2. Regulation as a Policy Option Regulations which are brought in by the state are usually attempts to bring about certain outcomes which might not be obtained otherwise or to prevent certain undesired outcomes. For example, a regulation may be made by the government to check foreign direct investment that may inversely affect domestic manufacturers. The common definition given to regulation as such is: ‘an administrative decision that imparts rights and assigns responsibilities’ (OECD). Much of the regulations in the United States are administered and enforced by regulatory agencies. Regulations are the best option in forming policies for a country, because together with the rights enjoyed by a citizen, there are certain duties entitled to perform. Regulations thus become essential as a policy option, because together with providing the rights, they also allocate certain duties to the citizen. Along with this, regulations become handy in attaining some specific tar gets or to make certain services available to the citizens. According to Swisher, The policy formed to reduce carbon and fossil fuel emission stand as a model in this scenario; which measures that the macroeconomic models comply with the evaluation with respect to its impact on the energy system and introduces carbon taxes (Para 7). Such regulations come effective under circumstances like increasing commodity prices, matters related to wages, employment, standards of production, military proceedings etc. There are numerous possibilities that the social or economic conditions in the country taking up an undesired phase and the ability of the legislature to form regulations become extremely important under such circumstances. Regulations on liberalization, privatisation, globalisation etc found in many world countries are examples in this regard. 3. Legislative Oversight over Regulatory Agencies The capacity of legislatures to indulge in the process of lawmaking has been enhanced duri ng the last three decades. Legislatures stand as an independent assembly, and have assumed a greater responsibility in mandating laws. Legislative oversight, often referred as congressional oversight denotes the supervision of policy implementation. There are a number of federal agencies through which the policies formulated by the Congress are implemented. If the Congress is dissatisfied with an agency, it can react in various ways. Laws can be passed to overrule their decisions or to confine their jurisdictions. For example, as Kaiser, Oleszekc and Taleman point out,

Israel and the Palestinians (SLP) Module 4 Essay

Israel and the Palestinians (SLP) Module 4 - Essay Example This continued immigration raised the alarm and eventually, fighting between the Zionists and indigenous people broke out create intense waves of violence. Within the Mideast Europe, Hitler’s rise to power led to increased immigration of Jews to Palestine thus escalating the situation. After the WWII, the UN decided to intervene on the matter in 1947 resolving that Israel and Palestine relations could only be solved by a third party. However, the resolution led to the allocation of more than 55% of Palestine land under the Israelis. Analytically, the allocation of this land was an instigation of more conflicts as more than 30% of Palestine people were forced to live within 7% area of the Palestine land (MidEastWeb for Coexistence, 2008). There are various issues that face the resolution between Israel and Palestine. For instance, the Palestine lands, such as Gaza Strip and West Bank, that have been confiscated by Israel forces have endured humanitarian crisis such as the torture and abuse of women, men, and children. About 10,000 Palestine men, women, and children are held in Israel prison with most of these awaiting no trials. In addition, there has been heavy border control by Israel military, which has prevented medical and food supplies from entering Palestine. With most Palestine citizens comprising of Muslims, their original homeland has been taken over by Israelis and are unable to return to their self-described land (If Americans Knew, 2014). With reference to the escalating situation, there has been a crisis of negotiating a resolution as various factors are involved. Firstly, as a recommendation, an independent party should oversee the peace talks as nations such as the USA are affiliates to Israel and make part of the UN. Secondly, diplomatic misconduct portrayed by Israel should be met with sanctions such as those applied to Russia for acquiring Crimea from