Rule of law

Rule of Law

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.

Definition

The term Rule of Law is derived from the French phrase 'La Principe de Legalite' (the principle of legality), which refers to a government based on principles of law and not of men. In a broader sense Rule of Law implies law and order, fairness, and equality before law.

History

The concept of Rule of Law can be traced back to at least the time of Aristotle who observed that given the choice between a king who ruled by discretion and a king who ruled by law, the latter was clearly superior in that law must inherently go hand in hand with reason whereas the former who rules by discretion, rules by will and appetite, which can easily lead to tyranny.

Principles

The Rule of Law is based on four universal principles:

1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
4. 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.

Importance

The Rule of Law is important because it provides a systematic, orderly, and predictable mechanism through which society can conduct its affairs. It forms the basis for democratic interactions and serves as a safeguard against arbitrary governance.

See Also

• Constitution
• Democracy
• Human Rights
• Justice
• Law

References

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