"But to balance a large state or society, whether monarchical or republican, with general laws is a task so intense and difficult that no human genius, and more all-encompassing that it can be done with the simple aid of reason or reflection. The view of many men must attend to this task, the experience should guide this work and only time can bring to perfection " (D. Hume, Rise and Progress of Arts and Sciences 1753.)
legislative bodies were designed as guardians of moral standards advocated by the Constitution, ie the rule of law advocates and Republican values. In this connection should work as custodians and keep the government within the limits of framing the Constitution, against the natural tendency of government Central to commit outrages against citizens.
All great political thinkers were the essence of freedom, in which the individual is subject only to the law and not the will of a ruler. They understood
as "La Ley", not everything that a legislative body had decided, but only those general rules of justice, arising from the tradition of jurists.
popular assembly in Athens, was not invested to change the "nomos" (moral rules). Right - that was reserved for special nomothetic - could only enact "psefismata" ordinances. When
Cicero translated: "omnes legum summus services, ut liberi esse possumus" with "we are all servants of the law so that we can be free " referred, not to legislative decisions, but to the jus, right, who had been developing slowly. It is rightly said that the translation of Cicero's nomos lex, instead of jus, was so unfortunate because it replaced the concept of "The Rule of Law" by the on-the rule of law, "The Rule of Law."
Today, we no longer distinguish between right and law, and what we call rule of law is nothing more than a State of Law.
The rule of law, the Government of IAW Not of men or of wiil and the Government under the IAW, refer to the concept of law is only meaningful when we relate to law, but law loses its meaning when translated into law.
Unfortunately, the legal order has supplanted the idea of \u200b\u200blaw from the Law that synthesizes all that could decide the legislative body.
The judge recognized only global rules of justice and never specific orders (orders or laws) of any sovereign or a legislative body. Freedom
mean, in effect, that no private citizen should obey the will of anyone, but only code that would consist essentially abstract Prohibited - right negative - that would prevent them from interfering in the sphere of other equally protected. The Act was under the law.
This has come because lawmakers have degraded its role with many decisions that have nothing to do with the decree of legal fees.
lawmakers in an effort to increase their power - to increase their influence and to stop being honorable - have blurred the nature of the legislative functions creating legal chaos, the result of the explosion triggered rules in principle by the inflation of laws , then the legislative delegation that led to a large number of regulations, later by the assumption by the Executive of legislative functions by rules of necessity and urgency, and finally by the regulation of individual rights is by decisions of secretaries, deputy secretaries and CEOs. In this way the policy is total chaos and all.
All these provisions are merged with the law. But 99 percent of them have absolutely nothing to do with moral standards, as standards of proper conduct.
The individual would thus be a moral entity, to become a being completely dominated by momentary purposes.
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