The rule of law is a term often used but difficult to define. A commonly heard saying is that the rule of law means governing the law, not men. But what is meant by “a government of law, not men”? The four universal principles are further developed in the following factors of the World Justice Project`s (WJP) annual Rule of Law Index®, the world`s leading source of original and independent rule of law data. The latest edition of the index draws on interviews with more than 138,000 households and 4,200 legal practitioners and experts to measure how the rule of law is experienced and perceived around the world. Our data provides up-to-date and reliable information to policymakers, civil society organizations, academics, citizens, businesses and lawyers, among others. The results of the index have been cited by heads of state, chief justices, business leaders and government officials, including media coverage in more than 190 countries around the world. Judicial independence means that judges are independent of political pressure and influence in their decisions. An independent judiciary is essential to uphold the rule of law. Judges should not be influenced by political party, private interest or public opinion when asked to determine what the law requires. The independence of the judiciary from these influences ensures that everyone has a fair chance to defend their case in court and that judges are impartial in their decisions. Judges must also explain their decisions in public written statements, and their decisions can be challenged for review before a higher court. These elements of judicial decision-making ensure that judges remain accountable to the rule of law. So what does this old document have to do with the rule of law? A lot.
He recognizes that a person`s fate should not be in the hands of a single individual – in this case the king. It requires that a judgment be rendered against a person in accordance with the law. Magna Carta laid the foundation for the concept of due process as it developed first in England and then in the United States. Due process means that everyone has the right to a fair and impartial hearing to determine their legal rights. The rule of law does not depend on an American-style separation of powers. In a parliamentary system, for example, the powers of the executive and legislative branches are combined; Procedures such as no-confidence votes and regular elections are used to control which party controls parliament. The key point is that every form of government must have a system to ensure that no one in government has enough power to act above the law. Governments must put in place good laws, institutions and processes to ensure accountability, stability, equality and access to justice for all. This ultimately leads to respect for human rights and the environment. It also helps to reduce the level of corruption and cases of violent conflict. A final aspect of the rule of law is the separation of powers.
As we have seen, while the independence of the judiciary is essential, the executive and legislative branches must also function as separate powers under the law in order to adequately discharge their legitimate state functions. The words of Martin Luther King of Birmingham prison remind us that there is a difference between law and justice. The law, while applied uniformly, does not in itself guarantee a fair outcome. The rule of law must promote stability, but a society based on the rule of law must also remain vigilant so that the rule of law also serves the interests of justice. As this quote shows, the continued strength of the rule of law sometimes depends on the willingness of people willing to risk punishment for justice. A library of WJP-supported and locally managed programs that promote the rule of law worldwide. To understand the rule of law, we need to return to the issue of accountability to the law – specifically, how that responsibility is applied. The concept of the rule of law is based on two principles that guide the application of laws. The first is equality before the law, which means that anyone who could be held responsible will not be treated differently regardless of race, sex, language, religion, wealth or any other status. Everyone must have equal access to justice and its mechanisms. The second principle is that of equity, which complements equality before the law. When we [Americans] talk about the rule of law, we assume that we are talking about a law that promotes freedom, that promotes justice, that promotes equality.
Making laws that man cannot and will not obey serves to despise all law. In a republic, it is very important that the people respect the laws, because if we throw them to the wind, what will happen to a civilian government? Respect for and support for the rule of law brings great benefits to businesses and other stakeholders. When the rule of law is weak, it is more difficult for responsible businesses to operate, comply with their legal obligations and protect their legal rights. Justice Kennedy suggests that the rule of law has taken on special significance for the people of the United States, based on our history of looking to the law to fulfill the promises of freedom, justice, and equality set forth in our nation`s founding documents. Indeed, as we discussed in more detail in Part II of the Dialogue, our understanding of the rule of law in the United States has evolved around the belief that one of the primary purposes of the rule of law is to protect certain fundamental rights.
