Rule of Law
The Universal Principle
Principles of the Rule of Law:
The government and its officials and agents as well as individuals and private entities are accountable under the law.
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
Factors of the Rule of Law:
Constraints on government powers
In a society governed by the rule of law, the government and its officials and agents are subject to and held accountable under the law.
Absence of corruption
The absence of corruption - conventionally defined as the use of public power for private gain - is one of the hallmarks of a society governed by the rule of law
Open government is essential to the rule of law. It involves engagement, access, participation, and collaboration between the government and its citizens, and plays a crucial role in the promotion of accountability.
A system of positive law that fails to respect core human rights established under international law is at best “rule by law”.
Order and security
Protecting human security, mainly assuring the security of persons and property, is a fundamental function of the state.
Public enforcement of government regulations is pervasive in modern societies as a method to induce conduct.
In a rule of law society, ordinary people should be able to resolve their grievances and obtain remedies in conformity with fundamental rights through formal institutions of justice in a peaceful and effective manner, rather than resorting to violence or self-help.
An effective criminal justice system is a key aspect of the rule of law, as it constitutes the natural mechanism to redress grievances and bring action against individuals for offenses against society.
For many countries it is important to acknowledge the role played by traditional, or ‘informal’, systems of law — including traditional, tribal, and religious courts, as well as community-based systems — in resolving disputes.
The Ox-Bow Incident
Montesquieu and the Rule of Law
Significance and Purpose of the Rule of Law
Direct Quote from the Constitution
"The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
Article IV, Section 2, Clause 1:
"The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in several States."
Article IV, Section 2:
"This Constitution...shall be the supreme Law of the Land."