Rule of law

The rule of law is a term that is often used but difficult to define. A frequently heard saying is that the rule of law means the government of law, not men. But what is meant by “a government of law, not men”? Aren’t laws made by men and women in their roles as legislators? Don’t men and women enforce the law as police officers or interpret the law as judges? And don’t all of us choose to follow, or not to follow, the law as we go about our daily lives? How does the rule of law exist independently from the people who make it, interpret it, and live it? The easiest answer to these questions is that the rule of law cannot ever be entirely separate from the people who make up our government and our society. The rule of law is more of an ideal that we strive to achieve, but sometimes fail to live up to. The idea of the rule of law has been around for a long time. Many societies, including our own, have developed institutions and procedures to try to make the rule of law a reality. These institutions and procedures have contributed to the definition of what makes up the rule of law and what is necessary to achieve it. This section of the Dialogue offers quotations that define components of the rule of law as it has been understood at different times and in different contexts. It asks Dialogue participants to use these quotations in giving meaning to the concept of the rule of law. It then considers a working definition of the rule of law that has been proposed by the American ...

ByPeggy Brozi, ABA ROLI MEL Intern & Salome Tsereteli-Stephens, ABA ROLI MEL Director At the American Bar Association Rule of Law Initiative, staffers from the Monitoring, Evaluation, and Learning Division analyzed several While the JSP and the On the global stage, the United Nations (UN) 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, as well, measures to ensure adherence to the principles of supremacy of 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. In Europe, ‘the rule of law’ refers to the Union value enshrined in Article 2 TEU. It includes the principles of legality implying a transparent, accountable, democratic and pluralistic law-making process; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection, including access to justice, by independent and impartial courts, also as regards fundamental rights; separation of powers; and non-discrimination and equality before the law. The rule of law shall be understood having regard to the other Union values and principles enshrin...

Instructor: Reed Hepler Reed Hepler received an M.L.I.S. from IUPUI, with emphases in Digital Curation and Archives Management. He received a Bachelor’s in History from USU, with minors in Religious Studies and Anthropology. He also earned a Certificate in Museum Studies. He has worked in museums, libraries, archives, and historical sites for the past four years. Administrative law is a law that directs bureaucratic agencies in a government on how they can carry out their duties. This law outlines the procedures by which agencies must act in their internal actions and in their interactions with members of the public. Without administrative law, there would be no known basis for the actions taken by law administrators and enforcers. Administrative law ensures that the actions of government agencies are as transparent as possible. Examples of administrative law include the following: Administrative law is the law that provides the procedures for bureaucratic actions. This law can be created by a variety of methods, but it must follow certain principles, including the rule of law. This concept states that the law applies to all citizens equally. This principle is related to the due process of law, which states that the government must act strictly according to accepted procedures. If this is not done, then citizens can be deprived of rights needlessly, which can result in a violation of the rule of law.

Rule of Law Rule according to law; rule under law; or rule according to a higher law. The rule of law is an ambiguous term that can mean different things in different contexts. In one context the term means rule according to law. No individual can be ordered by the government to pay civil damages or suffer criminal punishment except in strict accordance with well-established and clearly defined laws and procedures. In a second context the term means rule under law. No branch of government is above the law, and no public official may act arbitrarily or unilaterally outside the law. In a third context the term means rule according to a higher law. No written law may be enforced by the government unless it conforms with certain unwritten, universal principles of fairness, morality, and justice that transcend human legal systems. Rule According to Law The rule of law requires the government to exercise its power in accordance with well-established and clearly written rules, regulations, and legal principles. A distinction is sometimes drawn between power, will, and force, on the one hand, and law, on the other. When a government official acts pursuant to an express provision of a written law, he acts within the rule of law. But when a government official acts without the imprimatur of any law, he or she does so by the sheer force of personal will and power. Under the rule of law, no person may be prosecuted for an act that is not punishable by law. When the government seeks to...

The rule of law is at the heart of what it means to be a lawyer. Stephanie’s speech addressed different understandings of the rule of law, and the perception that it can clash with how political institutions operate. Public perception of the rule of law: fair play I. Stephanie Boyce discussed findings from the research we commissioned into the public’s understanding of the rule of law. In our research, we wanted to understand what members of the public thought of the rule of law, and the justice system more generally. We found that what matters to the public is that the law applies equally to everyone, and that we all follow the rules. They were also against anything that might tilt these rules in favour of one person or group. Stephanie argued therefore that the public’s understanding of the rule of law is based on one fundamental principle: fair play. The British people’s focus on respecting the rules of the game and their commitment to fair play ensures an appropriate balance of political and legal authority: parliament makes the law, and the judiciary sees to it that it is applied equally to all. Tension between the legal and political? Some believe that political and legal institutions are increasingly in conflict in a way that is damaging to the UK. Drawing on findings from our research, Stephanie argued that the two systems work together to ensure that fundamental British freedoms are upheld without threatening the principle of parliamentary supremacy. Although ther...

Recent Examples on the Web To sustain themselves, democracies have to maintain the conditions that allow power to change hands, including the rule of law, rights for minorities and the building blocks for effective opposition, like a free press. — Emily Bazelon, New York Times, 14 Apr. 2023 Hong Kong claims that, even under Chinese Communist control, the territory honors property rights and the rule of law. — The Editorial Board, wsj.com, 14 Apr. 2023 Hungary, along with Turkey, has also refused to ratify Sweden’s bid to join NATO over that country’s criticism of Orban in a dispute with the EU over the rule of law. — Jennifer Jacobs, Bloomberg.com, 12 Apr. 2023 Maryland Democrats countered that the case was about upholding the rule of law. — Jeff Barker, Baltimore Sun, 31 Mar. 2023 When word of the indictment came out last week, and before details were official and public, South Florida’s members of Congress issued measured statements, calling for respecting the rule of law and calling it a sad time for the nation. — Anthony Man, Sun Sentinel, 5 Apr. 2023 This is incompatible with the rule of law... — Mimansa Verma, Quartz, 5 Apr. 2023 That, Pech says, is indicative of the level of the threat Polish judicial reforms pose to the rule of law. — Elisabeth Zerofsky, New York Times, 4 Apr. 2023 The weaponization of the legal system to advance a political agenda turns the rule of law on its head. — Naomi Lim, Washington Examiner, 2 Apr. 2023 See More These examples are programma...

The Rule of Law is a principle that all people and organizations within a country, state, or community are held accountable to the same set of laws. The Rule of Law has its origins in ancient Greece and, more specifically, in the philosophy of Aristotle. In his work titled Politics, Aristotle raised the question of whether it is better to be ruled by the best leader or the best laws. In exploring this question he found advantages and disadvantages to both governing methods. His conclusion, however, suggested that laws were appropriate for most societies since they were carefully thought out and could be applied to most situations. Therefore, people should be ruled by the best laws. In modern times, many countries throughout the world have agreed that the Rule of Law should be followed. In the United States, this means that no one, not even the president, is above the law. The United States federal courts also consider the Rule of Law to apply to corporations and institutions. The courts further state that all people should be held accountable to laws that are publically accessible and judged independently. Laws should be enforced equally and consistently, adhering also to international human rights principles. The Rule of Law provides modern societies with stability and a clear system for resolving conflicts between citizens within a community of any size. For information on user permissions, please read our Media If a media asset is downloadable, a download button appears...

Instructor: Reed Hepler Reed Hepler received an M.L.I.S. from IUPUI, with emphases in Digital Curation and Archives Management. He received a Bachelor’s in History from USU, with minors in Religious Studies and Anthropology. He also earned a Certificate in Museum Studies. He has worked in museums, libraries, archives, and historical sites for the past four years. Administrative law is a law that directs bureaucratic agencies in a government on how they can carry out their duties. This law outlines the procedures by which agencies must act in their internal actions and in their interactions with members of the public. Without administrative law, there would be no known basis for the actions taken by law administrators and enforcers. Administrative law ensures that the actions of government agencies are as transparent as possible. Examples of administrative law include the following: Administrative law is the law that provides the procedures for bureaucratic actions. This law can be created by a variety of methods, but it must follow certain principles, including the rule of law. This concept states that the law applies to all citizens equally. This principle is related to the due process of law, which states that the government must act strictly according to accepted procedures. If this is not done, then citizens can be deprived of rights needlessly, which can result in a violation of the rule of law.

ByPeggy Brozi, ABA ROLI MEL Intern & Salome Tsereteli-Stephens, ABA ROLI MEL Director At the American Bar Association Rule of Law Initiative, staffers from the Monitoring, Evaluation, and Learning Division analyzed several While the JSP and the On the global stage, the United Nations (UN) 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, as well, measures to ensure adherence to the principles of supremacy of 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. In Europe, ‘the rule of law’ refers to the Union value enshrined in Article 2 TEU. It includes the principles of legality implying a transparent, accountable, democratic and pluralistic law-making process; legal certainty; prohibition of arbitrariness of the executive powers; effective judicial protection, including access to justice, by independent and impartial courts, also as regards fundamental rights; separation of powers; and non-discrimination and equality before the law. The rule of law shall be understood having regard to the other Union values and principles enshrin...

The rule of law is a term that is often used but difficult to define. A frequently heard saying is that the rule of law means the government of law, not men. But what is meant by “a government of law, not men”? Aren’t laws made by men and women in their roles as legislators? Don’t men and women enforce the law as police officers or interpret the law as judges? And don’t all of us choose to follow, or not to follow, the law as we go about our daily lives? How does the rule of law exist independently from the people who make it, interpret it, and live it? The easiest answer to these questions is that the rule of law cannot ever be entirely separate from the people who make up our government and our society. The rule of law is more of an ideal that we strive to achieve, but sometimes fail to live up to. The idea of the rule of law has been around for a long time. Many societies, including our own, have developed institutions and procedures to try to make the rule of law a reality. These institutions and procedures have contributed to the definition of what makes up the rule of law and what is necessary to achieve it. This section of the Dialogue offers quotations that define components of the rule of law as it has been understood at different times and in different contexts. It asks Dialogue participants to use these quotations in giving meaning to the concept of the rule of law. It then considers a working definition of the rule of law that has been proposed by the American ...