The Rule of Law refers to the guiding principles that govern our society. The rule of law should be accessible, epistemically sound, and a body of norms promulgated as public knowledge. This allows individuals to study and internalize the norms of law, using it as a framework to make decisions. Moreover, it should be readily available to ordinary citizens, so that they can use it to settle disputes and protect themselves from abuses of power. In order to achieve these goals, we must ensure the independence of the judiciary and the integrity of legal procedures.
Constitution of the United States
The principles of the Constitution of the United States are basic to the functioning of a free government and the preservation of liberty. They must be consistently observed, especially when selecting officers and representatives. The Constitution also imposes duties and responsibilities on the government, including a responsibility to ensure the observance of these principles in the making and execution of laws. Moreover, the legislature should frequently meet to consider grievances, correct laws, and enact new ones, which ensure the rule of law.
Origins of the rule of law
The idea of the rule of law is rooted in liberal political morality. It is the formal aspects of the institutions of government that are considered legitimate, rather than the content of the policies. However, the concept of the Rule of Law remains controversial. Here are some of its defining features. The Rule of Law is a fundamental right. It protects all persons from arbitrary power. It is a principle that has many origins.
Characteristics of a rule of law system
The term rule of law refers to a society with an established legal system that supports the equality of citizens before the law. Under a rule of law system, the power of the government is subject to the law as much as that of its citizens. A rule of law system also aims to ensure that everyone has equal access to justice and is treated equally. This system also ensures that individuals have the opportunity to pursue their interests without fear of retribution or exclusion.
Basic principles of a rule of law system
Several basic principles define the basis for a rule of law system. These principles include adherence to the supremacy of the law, equality before the law, fair application of the law, participation in decision-making, and procedural transparency. The first three principles are most often addressed in the context of parliamentary government. The seventh principle concerns the enforcement of legal rights. A nation with a rule of law system has independent judges, courts, and a legal profession.
Examples of rule of law systems around the world
Countries with strong rule of law have higher GDP per capita and better rates of basic health outcomes. Rule of law institutions and practices are designed to prevent the arbitrary use of power, which characterizes various forms of despotism, including totalitarianism and absolutism. These systems are based on the principles of equality before the law and the impartial adjudication of laws by independent courts. However, rule of law systems do not always lead to a better quality of life or greater economic growth.
Legality as a principle of a rule of law system
If a country wants to establish a rule of law system, it must first define its rules. Rule of law systems are generally complex and provide shelter from the power of others. Modern theories of rule of law continue to be fascinated by complexity. One example is the concept of procedural legality. In the case of Guantanamo Bay, detainees wanted to be heard before a legal tribunal, answer evidence, and be represented.
Impact of the rule of law on moral thought
The Impact of the Rule of Law on Moral Thought. The Rule of Law theory is characterized by a laundry list of principles, some of which are categorical in nature. There are procedural principles, formal principles, and substantive values. Fuller developed eight formal principles of law, including generality, prospectivity, consistency, practicability, and stability. He also included a concept known as the inner morality of law.