Rule of Law

Definition

The rule of law is a fundamental principle that requires all individuals, institutions, and the government itself to be accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. It ensures that no one, including those in power, is above the law and that the law applies equally to all. The rule of law is a cornerstone of a well-functioning democratic society, as it upholds principles of equality, fairness, and justice.

5 Must Know Facts For Your Next Test

1. The rule of law ensures that government power is exercised in accordance with established laws, procedures, and principles, rather than the arbitrary decisions of individuals in power.
2. The rule of law is a key component of contemporary democratic liberalism, as it protects individual freedoms and limits the ability of the state to infringe on those freedoms.
3. The concept of the social contract, as outlined by philosophers like John Locke, is based on the idea that individuals agree to be governed by the rule of law in exchange for the protection of their natural rights.
4. Judicial review, where the courts have the power to determine the constitutionality of government actions, is an important mechanism for upholding the rule of law and ensuring that the government operates within the bounds of the law.
5. The rule of law is essential for ensuring due process and judicial fairness, as it requires that all individuals be treated equally under the law and have access to fair and impartial legal proceedings.

Review Questions

• Explain how the rule of law is connected to the goals of politics, as discussed in the topic 'What Goals Should We Seek in Politics?'
  • The rule of law is closely tied to the goals of politics, as it helps to ensure that the government and its institutions operate in a fair, just, and accountable manner. By requiring that all individuals, including those in power, be subject to the law, the rule of law upholds the principles of equality, fairness, and justice that are central to the political goals of promoting the common good, protecting individual rights, and maintaining social stability and order.
• Describe how the rule of law is related to the concept of the social contract, as discussed in the topic 'The Laws of Nature and the Social Contract'
  • The rule of law is a key component of the social contract, as it represents the agreement between individuals and the government that the government will exercise its power in accordance with established laws and procedures, rather than through arbitrary or capricious decisions. By agreeing to be governed by the rule of law, individuals cede certain rights and freedoms to the government in exchange for the protection of their natural rights and the assurance that the government will act within the bounds of the law.
• Analyze how the rule of law is essential for ensuring the freedom of the individual, as discussed in the topic 'The Freedom of the Individual'
  • The rule of law is crucial for protecting the freedom of the individual, as it limits the ability of the government to infringe on individual rights and liberties. By requiring that the government operate within the confines of the law and that all individuals be treated equally under the law, the rule of law ensures that the government cannot arbitrarily deprive individuals of their life, liberty, or property without due process. This, in turn, safeguards the fundamental freedoms and autonomy of the individual, which are central to the concept of individual liberty.

Related terms

Separation of Powers:

The division of government authority into different branches (executive, legislative, and judicial) to prevent the concentration of power and ensure checks and balances.

Due Process:

The legal requirement that the state must respect all legal rights that are owed to a person, and that no individual should be deprived of their life, liberty, or property without a fair and impartial judicial proceeding.

Judicial Independence:

The principle that the judiciary should be independent from the other branches of government, free from political influence or control, in order to ensure impartial decision-making and the fair administration of justice.