Law Enforcement

Constitutional Theory in law

constitution lawAlong with the State’s theory of law, the constitution is based on the historical flashback has been around since ancient Greece. It is based on the theory of state law when it was developed by Plato and Aristotle, teacher and pupil, dubbed as The Philosopher. Plato, for example, the Republic argues that it is possible to realize the ideal state to achieve the good of the cored goodness. For that power should be held by people who know the good, ie a philosopher (The Philosopher King). The Philosopher King is required to teach and promote policies that will ensure the implementation of good governance and justice.

In his book, The Statesman and The Law, Plato expressed his views on the rule of law. According to him, the government is able to prevent the deterioration of one’s power is rule by law. In The Law, the law is logismos or reasoned thought (mind that makes sense) that is formulated in the state decision.

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Enforceability and Validity of the Power Law

powerLaw will be the object “dead” if it does not have the power or strength of force. Therefore thinker Hans Kelsen as strongly emphasizes the importance of legal positivism, that the law was separated from the elements of social sciences, such as sociology, anthropology, economics and politics. Kelsen distinguishes between legal enforceability and validity of the law.

Element of coercion that exist in the law is not a compulsion psychic, but the fact that the sanctions as specific actions by rules of law form. Element of coercion is relevant only as part of the content of the rule of law rather than as an individual thought process subject norm. It is not owned by a moral system. Is someone really obeying the rule of law in order to avoid legal sanctions it or not with respect to the enforceability of the law.

Legal validity according to Kelsen is the existence of specific norms. Norma said to be valid if it is a form of expression that assumes the existence of such norms has binding force (binding force) pressure through sanctions against the actions of a regulated, commanded or forbidden. Rule is the law. And valid law is the norm.
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The Principle of Legality in Criminal Law

criminalPrinciple of legality Known in criminal law from the scope of the emerging modern sociological Enlightenment doctrine that exalts the protection of the people from abuses of power, before the coming of the Enlightenment, the power to punish people even without any regulations first. At that time, tastes the most power right to determine whether the act can be punished or not. To combat that, exist the principle of legality which constitutes an important instrument of protection of individual freedom when dealing with the state? Thus, what is called the actions that can be put into regulatory authority, not power.

The objectives are to strengthen the legality principle of legal certainty, create justice and fairness to the accused, effective deterrent function of the criminal sanction, preventing the abuse of power, and strengthen the rule of law. This principle is very effective in protecting people from abuses of power, but it is less effective for law enforcement to respond to the rapid development of crime. And, it is considered most experts as a fundamental weakness.

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Provisions of Law or Human Rights Instruments

humanJohn Locke, political thinkers from Britain, declared that all men are created equal and have natural rights that cannot be released, natural rights that include rights to life, freedom, property rights and the rights of happiness. John Locke’s thought is known as the concept of human rights is very influential on the development of human rights in different parts of the world.

Recognition of human rights (Human Rights) constitutionally established first in the United States in 1776 with “Unanimous Declaration of Independence”, and it is used as an example for the French national assembly when received declarations of human rights and citizens (Declaration des droits de l’homme et de Citoyen) August 26, 1789.

The world body UN (United Nations) also introduced the notion of human rights that we can get in the Universal Declaration of Human Rights (Universal Declaration of Human Rights / UDHR). Universal Declaration is a common statement of the inherent dignity and human freedom and equality that should exist in the understanding of human rights.

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