The Rule of Law

Rule of Law is a political ideal that has been a part of political tradition for millennia. Our modern understanding of the rule of law is incomplete without considering this historical heritage. This article explores the principles and characteristics of the Rule of Law. This concept is an important tool for promoting a free society.

Principles of the Rule of Law

In many societies, the Principles of the Rule of Law demand that people in positions of authority exercise their powers within a framework of well-established public norms. This means that the government must operate within the legal system and must be held accountable by law if there is suspicion of unauthorized action.

Characteristics of the Rule of Law

The rule of law is a system of governance that promotes equality of all citizens before the law. Its institution and practice prevent arbitrary use of power. The concept of rule of law is derived from the French word le principe de legalité, which means “the principle of legality”. It implies that the law should be the rule of the land.

Legal norms

Legal norms are principles and rules that organisations of sovereign power enforce to determine social relations and determine the rights of individuals within their governing jurisdiction. Legal norms determine how people behave in a society, including the rights they have to property, land and labor.

Rule by law

Rule by law is a legal framework that prevents arbitrary exercise of power. It should guide all actors in society, no one should be excluded from its scope. Its aim is to ensure that institutions apply law in a way that is plausible, legal, and grounded in the public interest.

Legislation

Law is a set of rules that govern human behaviour. These rules are recognized by a controlling authority and enforced by courts. Violations of these rules can lead to punishment and civil liability. In the United States, laws are made by state legislatures, judges, and administrative agencies.

Common law

The common law is a system of rules that have developed over centuries of history. Unlike other types of law, the common law does not contain formal statutes. It is based on legal precedents, which are established by courts. These precedents, which are also known as “case law” or “stare decisis,” represent a past history of judicial decisions that may be used as a guide in future cases.