Historical Development of Rule of Law:
– Originating in 4th-century BC Athens
– Key historical events include Alfred the Great’s reforms, Magna Carta in 1215, and the 1481 Constitució de lObservança in Catalonia
– Influences from thinkers like Samuel Rutherford, James Harrington, John Locke, Montesquieu, Thomas Paine, and John Adams
– Development of the concept in modern times with contributions from Samuel Johnson, Thomas Paine, and John Adams
– Ancient roots traced to various civilizations like Greece, Mesopotamia, India, and Rome
Philosophical Foundations and Interpretations of Rule of Law:
– Various philosophical influences from thinkers emphasizing natural liberty, legislative authority, and no one being above the law
– Two principal conceptions: formalist (procedural attributes) and substantive (substantive rights)
– Definitions by Oxford English Dictionary and implications for citizens’ subjection to the law
– Evolution of interpretations over time by legal scholars and historical figures like Cicero and Plato
– Rule of law vs. rule by law distinction highlighting law as a check against power abuse
Global Impact and Significance of Rule of Law:
– Ensuring equality before the law for all citizens
– Preventing arbitrary use of power and securing nonarbitrary government
– Upheld by various countries’ constitutions and international organizations
– Essential for democracy, good governance, and societal justice
– Influence on legal systems worldwide and promotion by global governance indicators
Rule of Law in Specific Jurisdictions:
– Importance in determining the quality and good governance of a country
– Varying interpretations in Europe, with emphasis on constitutional supremacy and fundamental rights protection
– Specific examples from France, Germany, the UK, and Finland
– Status and decline in adherence to the rule of law globally, as indicated by the Worldwide Governance Indicators
– Implications for government officers and branches in the UK and the U.S.
Contemporary Legal Debates and Cases:
– Ongoing debates on the interpretation of the rule of law in the U.S. Constitution
– Impact of legal realists on the instrumental view of law and administrative discretion
– Scholarly discussions on the erosion of the rule of law over time
– Case examples involving former presidents and the D.C. Circuit Court of Appeals
– Interpretations by legal scholars like John Harrison and Frederick Mark Gedicks on unjust laws and judges’ discretion
The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. The rule of law is defined in the Encyclopædia Britannica as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Use of the phrase can be traced to 16th-century Britain. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions on his liberty. "The rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws."
The rule of law implies that every person is subject to the law, including persons who are lawmakers, law enforcement officials, and judges.
