The Rule of Law and Human Rights
 



Part I:

Chapter 1:
Chapter 2:
Chapter 3:
Chapter 4: 
Chapter 5:
Chapter 6:
Chapter 7:
Chapter 8:
Chapter 9:

Part II









 


 Introduction

 Principles of the Rule of Law

 Essential Requirements of a Society under the Rule of Law
 The Legislature and the Rule of Law
 The Executive and the Rule of Law
 The Criminal Process and the Rule of Law
 The Judiciary and the Rule of Law
 The Legal Profession and the Rule of Law
 The Role of Legal Education in a Changing Society
 Economic and Social Development
 The Rule of Law and the Layman

 Guide to Human Rights Provisions

 Introduction
 Universal Declaration of Human Rights
 Act of Athens
 Declaration of Delhi
 Law of Lagos
 Resolution of Rio
 Declaration of Bangkok
 Declaration of Colombo
 Resolutions adopted at Congresses and Conventions of ICJ
 


Chapter 7:
The Role of Legal Education in a Changing Society
 


1. Introduction 

To keep the action of the executive within the limits of the Rule of Law, it is necessary for all branches of the legal profession-judges, teachers and practitioners-to playa significant role in the community. This is particularly important in communities where there is a rapid and profound process of change. For the legal profession to be able to perform its social function satisfactorily it is necessary that the teaching of law should lay special emphasis on three points:

(1) reveal the processes through which law can evolve, promoting orderly and significant changes in the social and economic organization of society leading to improved standards of living;

(2) stress the study of the principles, institutions and proceedings that are related to the safeguarding and promotion of the rights of individuals and groups;

(3) imbue students with the principles of the Rule of Law, making them aware of its high significance, emphasizing the need of meeting the increasing demands of social justice, and helping develop in the student the personal qualities required to uphold the noble ideals of the profession and secure the effective enforcement of law in the community.

For the achievement of these ends, it is considered indispensable that:

(1) in the countries which do not yet have faculties of law or other institutions especially designed for the training of jurists, their should be priority for the establishment thereof;

(2) the faculties of law do not restrict their activities only to the education of practitioners, judges and law teachers, in numbers they deem sufficient to meet social requirements, but that they also supply training in the principles and practice of law to public officials, managers in private business, leaders of professional or trade unions, journalists and publicists. Furthermore, faculties of law should pursue, to the extent permitted by the stage of development reached by each particular Community, a campaign for the public dissemination of the basic principles related to the Rule of Law. These activities must be carried out with a view to acquainting the people with the principles of the Rule of Law in addition to similar activities being pursued at other levels of education, both public and private;

(3) it is not enough that faculties of law and other institutions specially engaged in the teaching of law endeavor to attain the highest levels of technical preparation of students. They must also make a special effort to shape their characters, to develop their sense of social responsibility and to strengthen their moral discipline: these requirements will have to be all the more keenly met in communities where there are no other organizations to serve those ends.

2. Legal studies

It is accepted that law schools should organize their courses so as to contribute as much as possible to the recognition and implementation of the Rule of Law. The nature of these arrangements will differ according to the speed of social changes within a particular country and according to the extent of pre-legal education available, but some general conclusions may be drawn.

There are two interdependent factors: the content of courses and teaching methods. What follows is in no sense a suggested complete curriculum for law students. Obviously important subjects for the establishment of the Rule of Law are those which stress the content of human freedoms and the protection of the individual from arbitrary action: constitutional and administrative law, criminal law and international legal studies. The importance of procedural safeguards for human rights makes the study of procedural law indispensable.

Students must be instructed both in general legal principles and in reasoning on specific legal problems. All courses must be taught with emphasis on their social, economic, political and historical background.

A reference should be made regularly to other legal systems and comparisons drawn between them so as to allow a more precise evaluation of the merits and defects of the students' own legal system.

Law schools should be an active forum for all matters of legal interest and not merely function for the training of law students. They should therefore organize discussions of topics relating to legal reform which concern the area served by them. They should provide refresher courses in new developments of law.

3. Students of law

Admission to faculties of law presupposes a certain level of academic achievement and of preparation for legal studies. This requirement is satisfied either by completing prescribed pre-legal studies or by passing an entrance examination. It is recognized that in developing societies some modification of these requirements may be necessary in order to assure an early supply of needed personnel.

There must be no discrimination on account of race, nationality, religion, sex, political beliefs or social or economic position, either with regard to a student's admission or during his course of studies. All reasonable means (such as grants and loans) must be used to ensure that no student is denied admission to a law school or prevented from completing his legal training because the student lacks financial resources; there must be no arbitrary demands of a financial nature made on students at any time.

4. Teachers of Law

Teachers of law must be appointed and continue to hold their appointments without regard to consideration of race, nationality, religion, sex, political beliefs or social or economic position. All law faculties, whether state or private, should appoint their own teachers, preferably in open competition, or take an active part in the process of appointment. When making appointments, law faculties should attach importance not only to technical or scholarly competence, but also to the following qualities: moral integrity, civic spirit and sense of social responsibility. Teachers of law should be given adequate remuneration and enjoy security of tenure so that their freedom of expression is not impaired.

In those countries where faculties of law are controlled by the state there is a special need for protecting the independence of the teaching staff by firm guarantees such as faculty appointments by open competition, security of tenure and the recognition of the traditional academic freedoms.

There is no objection to law teachers participating in public activities, including the holding of public office; it could sometimes be advantageous. But academic freedom must not be compromised and these activities must not lead to the introduction of improper influence into university life.

It is desirable that exchange of teachers on a national as well as on an international level should take place regularly.

Finally, law schools should provide facilities for training teachers of law and should assist them in improving their qualifications and experience.

5. Regulation of the teaching of Law

Legal education should be controlled by faculties of law themselves, free from any influence foreign to the interest of scholarship and education. Members of the teaching staff should have major share in such control.

The power of regulating the teaching of law should be used in such a way that freedom of teaching and research be firmly guaranteed. Furthermore, law schools should be responsive to the needs of developing societies.

Faculties of law controlled by the state should enjoy a wide measure of autonomy in administrative and academic matters and should be entitled to apply their financial resources as they think fit for purposes of legal education. It would be desirable if their resources were obtained not from their pupils but from general taxes paid by the community which would thus be made aware of its contribution to the promotion of the Rule of Law. Those who support private faculties of law serve equally the same generous purpose.

Faculties of law are advised to pay very close attention to the pertinent recommendations of the specialized agencies of the United Nations and associated regional agencies.


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