Rule of Law

Extracted Attributes

• Purpose

  Secures a non-arbitrary form of government, prevents the arbitrary use of power, and supports the equality of all citizens before the law.

• Definition

  A principle of governance where all persons, institutions, and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced, independently adjudicated, and consistent with international human rights norms and standards.

• Core Principle

  All people and institutions within a political body are subject to the same laws; no one is above the law and all are equal before the law.

• Role in Democracy

  Essential for a democratic state where citizens elect leaders and the government is bound by law; stabilizes democratic society.

• Key Principles (UN)

  Supremacy of the law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness, and procedural and legal transparency.

• Formalist Interpretation

  Laws must be stable, accessible, and clear.

• Substantivist Interpretation

  Includes rights such as human rights and compliance with international law.

• Role in International Relations

  Fundamental to international peace and security, political stability, economic and social progress and development, and protection of people's rights and fundamental freedoms.

Timeline

• The principle of the rule of law was recognized by ancient thinkers, such as Aristotle, who wrote: 'It is more proper that law should govern than any one of the citizens.' (Source: wikipedia)

  0000-00-00

• Use of the phrase 'rule of law' can be traced to 16th-century Britain. (Source: wikipedia)

  1500-00-00

• Scottish theologian Samuel Rutherford employed the phrase in the 17th century, arguing against the divine right of kings. (Source: wikipedia)

  1600-00-00

• John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, being otherwise free from both governmental and private restrictions of liberty. (Source: wikipedia)

  1689-00-00

• The phrase 'rule of law' was further popularized in the 19th century by British jurist A. V. Dicey. (Source: wikipedia)

  1800-00-00

Rule of law

The essence of the rule of law is that all people and institutions within a political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to Encyclopædia Britannica, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power." Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law. Use of the phrase can be traced to 16th-century Britain. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions of liberty. The phrase "rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens." The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. Distinct is the rule of man, where one person or group of persons rule arbitrarily.

Web Search Results

• Democracy and the Rule of Law | William & Mary Law School

  The Rule of Law is a millennia old principal referring to the way by which states are governed. As compared with Rule by Law, where the government uses the law to govern and is considered to be above the law, Rule of Law means that all entities, including the government, must adhere to the supremacy of the law. The Rule of Law is a nearly a universal value, and the United Nations General Assembly regularly identifies “human rights, the rule of law and democracy” as universal and indivisible [...] The Rule of Law is closely linked with the ideals of democracy. A democratic state under the Rule of Law is a state where citizens elect their own leaders, and the government itself is bound by the law, while also helping to ensure that the law is respected among the citizens of the state. Democracy cannot exist without the Rule of Law, especially the rule that dictates who should occupy public office given the results of elections. However, only supporting the Rule of Law during an election [...] Law stabilizes the democratic society. Rule of Law in a democratic institution allows governments to work their will through general legislation, and then to be subject to that legislation themselves.

• What is the Rule of Law - Welcome to the United Nations

  For the United Nations (UN) system, the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires measures to ensure adherence to the principles of supremacy of the law, equality before the law, accountability to the law, [...] The rule of law is an important component of sustaining peace, as advanced by the General Assembly and Security Council in the twin resolutions on the review of the peacebuilding architecture. Sustaining peace requires an integrated and comprehensive approach across the UN system, based on coherence between political, security, development, human rights, gender equality and rule of law activities in support of Member State-led efforts. [...] The rule of law is fundamental to international peace and security and political stability; to achieve economic and social progress and development; and to protect people’s rights and fundamental freedoms. It is foundational to people’s access to public services, curbing corruption, restraining the abuse of power, and to establishing the social contract between people and the state. Rule of law and development are strongly interlinked, and strengthened rule of law-based society should be

• Overview - Rule of Law - United States Courts

  Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: [...] The courts play an integral role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups or by those who may hold minority opinions. Equality before the law is such an essential part of the American system of government that, when a majority, whether acting intentionally or unintentionally, infringes upon the rights of a minority, the Court may see fit to hear both sides of the controversy in court. #### ## Activity Download [...] The U.S. Constitution is the nation's fundamental law. It codifies the core values of the people. Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress. The Federalist # 78 states further that, if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents."

• The Rule of Law - Stanford Encyclopedia of Philosophy

  The Rule of Law is one ideal in an array of values that dominates liberal political morality: others include democracy, human rights, social justice, and economic freedom. The plurality of these values seems to indicate that there are multiple ways in which social and political systems can be evaluated, and these do not necessarily fit tidily together. Some legal philosophers (e.g., Raz 1977) insist, as a matter of analytic clarity, that the Rule of Law in particular must be [...] Besides the form of the rules themselves there is also the nature of their presence in society. The Rule of Law envisages law operating as a relatively stable set of norms available as public knowledge. It requires that laws be public and that they be promulgated well in advance of individuals’ being held responsible for complying with them. These are features that flow partly from the fact that laws are supposed to guide conduct, which they cannot do if they are secret [...] SEP home page # The Rule of Law The phrase “the Rule of Law” has to be distinguished from the phrase “a rule of law”. The latter phrase is used to designate some particular legal rule like the rule against perpetuities or the rule that says we have to file our taxes by a certain date. Those are rules of law, but the Rule of Law is one of the ideals of our political morality and it refers to the ascendancy of law as such and of the institutions of the legal system in a system of governance.

• Rule of law - Wikipedia

  The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts. The rule of law includes principles such as legality, implying a transparent, accountable, democratic and pluralistic process for enacting laws; legal [...] In 1959, Roncarelli v Duplessis, the Supreme Court of Canada called the Rule of Law a "fundamental postulate" of the Canadian Constitution. According to Reference Re Secession of Quebec, it encompasses, "a sense of orderliness, of subjection to known legal rules and of executive accountability to legal authority." In Canadian law, it means that the relationship between the state and the individual must be regulated by law and that the Constitution binds all governments, both federal and [...] The essence of the rule of law is that all people and institutions within a political body are subject to the same laws.[\[2\]]( This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to _Encyclopædia Britannica_, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of

• Instance Of

  Q4167410