The Rule Of Law is a concept put forward by an A.V. Dicey in 1885 was written in a book called Introduction To The Study Of The Law Of Constitution. Since then The Rule Of Law began to become a study material in the development of a legal state, and even spread to every country that has a different system.
The Dicey concept is essentially that The Rule Of Law contains three important elements, namely:
Supremacy of Law
Equality Before The Law
Constitution Based On Human Rights
The Supremacy of Law means that there is no arbitrary power, both the governed people and the ruling king. Both are subject to the law. This principle places the law in the position of commander. law must be used as a tool to justify power, including limiting that power. So those who are powerful, sovereign and supreme are laws not power.
The supremacy of this law can be said to be the same as the teachings put forward by Krabbe on the theory of legal sovereignty, a theory that opposes the teachings of the souvereiniteit staats commonly adopted by German state thinkers.
The realization of the principle of supremacy of law in Anglo Saxon countries is somewhat different from what happened in Continental European countries which adheres to the concept of rechtstaats. The rule of law according to the concept of the rule of law is to place the state as a legal subject, so that the legal consequences can be prosecuted in court. While in Anglo-Saxon countries it is not so, the supremacy of law according to the concept of the Rule of Law, does not place it as a legal subject. The state in this concept cannot do anything wrong, so the consequences cannot be held accountable in court.
Equality Before The Law, means that all citizens are subject to their personal and qualifications. And as state officials are subject to the same law and are tried in the same ordinary court. So every citizen is equal before the law. Rulers and citizens alike can. When committing an illegal act, it will be tried according to Common Law rules and in ordinary courts.
The Constitution Based on Human Rights element if understood means the existence of a constitution which is commonly referred to as a constitution. The constitution here does not mean that it is a source of human rights but indicators of human rights that are embedded in a constitution, literally it can be said that what has been poured into the constitution must be protected.
Most divorce cases can have a negative impact on children, both physically and psychologically. So divorce really needs to be considered carefully, is this really the best way for you, your partner, and your children.
But if the divorce solution is the main one, then as a parent you must be able to provide good understanding to the child so that it can reduce the adverse effects that can occur. Now here are some ways that can reduce and overcome the adverse effects that occur in children when divorce occurs:
Provide opportunities for children to be able to talk about the conditions of divorce that occur and how the divorce can affect their lives. Sometimes children have questions that are beyond your expectations, so try to be open even if you feel cornered.
If you cannot explain to children, you can ask for help from other parties who have emotional closeness with children, such as relatives or relatives. Don’t vilify your former partner in front of a child. Even though there is still anger or revenge, as much as possible, do not expose it in front of the child. This can cause children to have their own trauma on marriage.
Ask for support to your family and closest friends. So that it will indirectly provide an opportunity for children to meet other people who both go through good divorce conditions. Support children to always have a positive outlook on their parents. Keep giving the same attention as before.
Now that was some of the effects of divorce on a child’s psychological condition. Of course the role of parents is a very important role. So as a good parent to always be mature and not selfish especially when it comes to child problems.
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Be taught the distinction between legal custody, bodily custody, sole custody and joint custody. The questions concerning who is entitled to custody or upkeep of youngsters in the event of a divorce between a husband and spouse who’re Moslems, are topic to the provisions of the Compilation of Islamic Regulation and likewise subject to the principles contained within the Religion of Islam.
Even if one guardian will get sole physical custody of the child, each mother and father could also be given legal custody. The 2016 divorce filing triggered a bitter custody dispute during which Pitt was investigated and cleared of child abuse, and each side accused one another of attempting to govern media protection of their favor.
Figuring out how the mother and father will present for the children’s health care costs and different elements of financial support. Jolie, who filed for divorce citing irreconcilable variations, had been seeking primary custody of their six youngsters, three of whom are the couple’s biological children and three of whom are adopted.
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