Which of the following best illustrates how the U.S. judicial system ensures the proper application of the rule of law? A citizen knows that when drivers cross a street, obey traffic rules and give in to pedestrians. This understanding underpins the justification for almost every day-to-day action. Similarly, the use of money is based on trust in the government and support from the U.S. Treasury. Citizens rely on a complex system of rules and laws that can easily generate support if everyone is expected to be treated equally before the law. «The concept of the rule of law was clearly understood by the American founders. Even before the colonies officially declared their independence, Thomas Paine wrote in a widely circulated treatise entitled Common Sense: «To the extent that we approve of the monarchy, THE LAW IS QUEEN IN AMERICA. The Founding Fathers incorporated these ideas into our remarkable constitution and incorporated the important values of separation of powers, an independent judiciary, government before the law, and equality of all before the law. Perhaps you heard the quote: «Rules for you, but not for me»? Have you ever had the impression that elected officials or authority figures do not follow the same rules they expect from you and others? This is where the concept of the rule of law comes into play.
For centuries, people have wanted a legal regime where laws are applied equally to all. In this summary, we examine the guiding principles and foundations of the rule of law in the U.S. Constitution. We will start with the basic definition and include useful examples in the examination of this key policy concept. The United States judicial system plays an important role in the proper application of the rule of law. The various local, state, and federal judicial systems ensure that minority voices and dissenting views can voice their legal grievances. The concept of equality before the law is a central issue in judicial proceedings. To ensure that there is no tyranny of the majority, the courts hear all voices and protect against the violation of the rights of all citizens. Kevin Lindgren, a former judge of the Federal Court of Australia, was appointed Associate Professor of Rule of Law at the University of Sydney in 2012. He has lectured extensively on the concept of the rule of law and is the author of an article entitled «The Rule of Law: Its State of Health in Australia». The Institute has also produced a short series of lectures on our YouTube channel to capture key aspects of Professor Lindgren`s lectures, such as: This reinforces the concept that all citizens are committed to the rule of law. This video introduces the concept of the rule of law and shows some examples of how this concept promotes fairness and security in the legal system.
These four universal principles form a working definition of the rule of law. They have been developed in accordance with internationally recognized norms and standards and tested and refined in consultation with a wide variety of experts worldwide. But the rule of law is also much greater. The relevance of the rule of law and the understanding of its concepts have their origins in the Magna Carta, and the Rule of Law Education Centre uses the Rule of Law Wheel to launch a discussion on the question «What is the rule of law?» Under the rule of law, citizens are accountable to the law, and the law must be applied fairly and universally with transparency. The only exception is the most senior federal public servants in the country. The ancient Greek philosopher Aristotle wrote extensively about the benefits of well-written laws that could survive the reign of a good leader. Aristotle argued in politics that strong leadership is still temporary, while effective laws can survive both good and bad leadership. The American democratic system is not always based on the simple majority rule. Certain principles 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 even a majority should not be allowed to change them.
The rule of law in the American model is a safeguard against authoritarianism. Traditionally, an authoritarian government denies the freedom of citizens and rests power on a single ruler or a small group of members of the ruling elite. Leaders sometimes resort to authoritarian rule when they fear losing power or governmental authority. It can also be used in corrupt government affairs or to reward supporters. The basic principle of the rule of law includes the following elements: Accordingly, it can be said that the rule of law is not limited to government and citizens who know and obey the law. The rule of law encompasses other concepts, such as checks and balances in governance, independence of the judiciary, presumption of innocence, access to justice and the right to a fair trial. In the most basic sense, Merriam-Webster defines the rule of law as follows: The rule of law protects against the tyranny of the majority by protecting the rights of the minority. The founders intentionally built in protections that would ensure the rules apply to everyone, regardless of status, background, or condition. The details of the U.S.
Constitution clearly illustrate the rule of law. 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. The ancient Greek philosopher Aristotle wrote extensively about the benefits of a well-written _______that that could survive the reign of a good leader. The rule of law is a sustainable system of laws, institutions, norms and societal engagement that provides: A library of WJP-supported and locally managed programs that promote the rule of law worldwide. A resource for leading organizations, model programs, rule of law information, and more. A good definition of the rule of law, which is almost universally accepted, states: «..
Most of the content of the rule of law can be summarised in two points: This English document had a strong influence on the development of the concept of the rule of law and influenced the Constitution of the United States. Essentially, a rule of law should have laws that are universally equitable in their design and application. If citizens are confident that they can live within the legal framework, they will continue to lend their authority to elected leaders. This concept is known as popular sovereignty. The Founding Fathers deliberately created mechanisms in the United States. Constitution to promote the rule of law as a guiding principle of the newly created government. Historical abuses under King George III influenced his belief that laws should protect the people from despotism. The tradition of reign among monarchs led to the idea that monarchs` customary belief in the divine right of kings was harmful to their citizens and subject to abuse.
A country that adheres to the rule of law ensures that: – The rule of law creates trust and respect for the government and the functioning of society.
