What Does It Mean to Uphold the Rule of Law

„This conclusion does not presuppose a superiority of the judiciary over the legislative power. It only assumed that the power of the people was greater than both; and that if the will of the legislature declared in its statutes is contrary to that of the people declared in the Constitution, judges should be governed by the latter and not by the former. They should regulate their decisions by fundamental laws and not by those that are not fundamental. Various and countless ways of defining the rule of law are well known in the United States and may depend on the purpose of an organization, even in areas of security risk:[60] The American democratic system is not always based on simple majority rule. There are certain principles that are so important to the nation that the majority has agreed not to interfere in these areas. For example, the Bill of Rights was adopted because concepts such as freedom of religion, freedom of expression, equal treatment and due process were considered so important that without constitutional amendment, even a majority should not be allowed to change it. In the West, the ancient Greeks initially regarded the best form of government as the rule of the best men. [12] Plato advocated a benevolent monarchy led by an idealized philosopher king who was above the law. [12] Plato nevertheless hoped that the best men would be good at keeping the established laws, stating: „When the law is subject to another authority and has no authority of its own, the collapse of the state is not far away, in my opinion; But if the law is the master of the government and the government is its slave, then the situation is full of promise and people enjoy all the blessings that the gods pour out on a state. [13] More than Plato tried, Aristotle firmly refused to allow the highest official to exercise power beyond the custody and service of the law. [12] In other words, Aristotle advocated the rule of law: the Statute of the Council of Europe characterises the rule of law as one of the fundamental principles on which the creation of the organisation is based. Paragraph 3 of the preamble to the Statute of the Council of Europe states: „Reaffirming their attachment to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political freedom and the rule of law, principles which constitute the basis of all true democracy.“ The Statute establishes respect for the principles of the rule of law as a condition for the full accession of European States. [68] One expression that often occurs is ignoring the rule of law.

This implies that someone pretends to think that the law does not apply to them. Man`s natural freedom is to be free from any higher power on earth and not to be under man`s will or legislative authority, but only to have the natural law for his domination. Human freedom in society may not be subject to any legislative power other than the power established in the community by consent; always under the rule of a will or a restriction of a law, but under the primacy of a certain law, but what this legislature must adopt according to the confidence placed in it. Freedom is therefore not what Sir Robert Filmer tells us, Observations, A. 55. a freedom for everyone to do what he enumerates, to live as he sees fit, and not to be bound by laws: but the freedom of people under government is to have a permanent rule by which they can live, common to each of these partners and created by the legislative power established there; the freedom to follow my own will in all things where the rule does not prescribe it; and not to be subject to the volatile, insecure, unknown, arbitrary will of another human being: how is the freedom of nature, not to be subject to any restriction other than natural law. [28] Outside of a number of states and territories, there is a large gap between the rhetoric of the rule of law and reality across the continent. In Thailand, the police favor the rich and the corrupt. In Cambodia, judges are deputies of the ruling political party. Whether a judge harbours political prejudice or applies the law unevenly is the least concern for an ordinary defendant in Asia.

More likely, will the police fabricate the evidence? Will the prosecutor bother to show up? Will the judge fall asleep? Will I be poisoned in prison? Will my file be closed within a decade? [62] The rule of law, mechanism, process, institution, practice or standard that supports the equality of all citizens before the law ensures a non-arbitrary form of government and generally prevents the arbitrary use of power. Arbitrariness is typical of various forms of despotism, absolutism, authoritarianism and totalitarianism. Despotic governments even include highly institutionalized forms of government in which the entity at the top of the power structure (such as a king, junta, or party committee) is able to act without the constraints of the law if it so desires. The World Justice Project has developed an index to measure the extent to which countries adhere to the rule of law in practice. Composed of 9 factors and 52 sub-factors, the WJP`s Rule of Law Index covers a variety of dimensions of the rule of law – e.B whether government officials are legally accountable and whether legal institutions protect fundamental rights and enable ordinary people to access justice. [81] No human being, body or association of human beings has any other right to obtain special and exclusive benefits or privileges different from those of the community than those resulting from the consideration of services to the public; And since this title is not hereditary in nature, nor transferable to children, descendants or blood relatives, the idea of a man born as a judge, legislator or judge is absurd and unnatural. [32] To succeed, Singapore first had to create the social conditions in which the rule of law would prevail […].

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