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Legal Research on the Preclusion by the Federal Law of the United States of Formation of Legal Systems affecting Individuals - Article Example

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The objective of the Equal Protection Clause of the 14th Amendment to the Constitution of the United States is to put a prohibitory restraint on the states form denying the equal protection under laws to any particular individuals on any grounds whatsoever…
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Legal Research on the Preclusion by the Federal Law of the United States of Formation of Legal Systems affecting Individuals
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Download file to see previous pages While mostly all the laws are embedded with the inherent responsibility of the protection of the rights of the individuals who are the citizens of the countries concerned, they are framed in such a way that they take as their matter of concern only a group of individuals.
This also gives rise to thoughts about the role of the states in providing the legal frame work. Even from the ancient times of civilization, the role of the state has always been primary when designing and applying a specific legal framework and there had been no instances where the law makers had framed legal provisions that apply only to specific persons or the individuals involved.
But it cannot be denied that the subsequent interpretations of the legal provisions had made various legal provisions favorable or unfavorable to individuals depending on the circumstances of the individual cases. But those situations could only be attributed to the lacunae in the legislations or the clever and efficient interpretations of the provisions put forth by the lawyers and the opinions of the judges formed on the basis of such interpretations and arguments.
But still the world had witnessed intensive debates over the intervention of the state in the formulation of the legal framework that affected individuals voluntarily or involuntarily. A classic example of such an instance can be cited in the case of Schiavo1 in which all the academics, scholars, journalists, columnists and whoever can write or say something irrespective of their depth of knowledge vehemently debated the changes made by the Federal Laws only to affect the life of an individual in Schiavo.
With this background I intend to present this paper on the ability of a country like United States to handle the Bills of Attainder or the legal framework made to control the acts or deeds, commissions or omissions of an individual. I also present though a series of researched materials, whether the Country was effective in doing so. I intend further to present to the readers a comprehensive theory on the same issue, as being handled in other developed nations like United Kingdom and Japan. The paper also makes known to the reader the impact of the legal framework on the lives of the individuals in a country like Russia where the State till recently had backed communist views that concern more about the individuals and the community more.
Though many similarities can be found between the legislative frameworks of United States and the United Kingdom, I chose these two countries for comparison to show the differences in the approaches of the countries' legal systems in the protection of the individual citizens. In a similar way I presumed that the legislations in Russia once being a communist country should deal differently with the issue of the laws affecting individuals and hence the research on Russian legal ...Download file to see next pagesRead More
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