The Legal Creed (Faith) and its Contribution to Achieving the Rule of Law: Analytical study in the Philosophy of Law

Dr. Ismail Namiq Hussein
Assistant Professor of Civil Law
College of Law and Politics
University of Sulaymaniyah
Kurdistan – Iraq

Abstract:

This research aims to elucidate the concept of legal creed and determine the factors affecting its formation, such as education, ethics, affiliation, and governance policy, rational and sound legislation. We discussed the extent of the impact and contribution that legal creeds make to the rule of law.
In order to apprehend these objectives, we have followed an analytical approach, to achieve this. This study has benefited from and relied on analyzing opinions and conditions associated and relevant to the subject matter and its evaluation, with the intention of adopting a reliable, most probable and correct way upon which judgments can be constructed.
The research concludes that legal creeds with its three dimensions; the creed of the legislators, creed of law enforcement officers, and the creed of those who address the legal provisions play an effective role in reconciliation and uniformity between the internal and external nature of those who address the law, therefore, they have become a cornerstone for achieving the rule of law, since the punishment alone have failed to guarantee the implementation and application of the law.
The research has also concluded that those who address the provisions of this role have made commitment and proved to be influential in this regard. We have suggested that adequate and sufficient attention should be given to the legislative creeds before the creed of those who address the legal provisions, and that the creed of law enforcement officers between them are subject to a fair share of due guidance, consolidation and scrutiny.

Keywords: philosophy of Law, ethics, education, law effectiveness, jurisprudence.

Read Full PDF Text (Arabic)