The Basics of Rule of Law
Law is an indisputable fact about the world. But it doesn’t explain everything about it. There are different theories and philosophies that explain the reasons why things happen. This article discusses some of the arguments in favor of establishing a rule of law system. It will provide you with a general understanding of the subject.
Meaning of the Rule of Law
The Rule of Law is a social construct in which people in power exercise their power in accordance with well-established public norms. This implies that all citizens must obey and respect the rules and determinations made by the law. It also means that the government must operate within the boundaries of the law and be held accountable for any actions that go against these norms.
In the world today, the Rule of Law is an important element for nation-building and the creation of new democracies. The Barro 2000 study suggests that the establishment of Rule-of-Law institutions is essential for the development of new states. These institutions are important for securing property rights, protecting contracts, encouraging investment, and establishing stability.
Characteristics of a Rule of Law institution
A Rule of Law institution is one in which everyone is subject to the law. This is a stark contrast to tyranny or oligarchy. The concept of Rule of Law dates back to the 12th century when Archbishop Stephen Langton rallied the Barons of England and forced King John to live under the rule of law. This led to the Magna Carta, which preserved ancient liberties and required taxes. It also laid the foundation for our Constitution.
In order for a Rule of Law institution to function properly, its laws should be publicly available and accessible. This allows people to learn and internalize them as a framework. Additionally, people should be able to use legal institutions to settle their disputes, and to protect them from abuses of power. This is made possible through the independence of the judiciary, transparency of public business, and the integrity of legal procedures.
Arguments about the Rule of Law
The discussion of the rule of law involves philosophical reflection on the nature of law. The basic concept of the rule of law is that laws are created by the will of powerful people. This process is known as legislation, and it is performed by politicians who have the power to create laws. However, it is important to consider the limits of law.
The Rule of Law aims to protect the rights of individuals and prevent the misuse of that power. As such, the supreme law of the land must be publicly promulgated and equally enforced, and the judiciary should be independent and impartial. Moreover, the laws must be written in a way that ordinary people can understand them.