The Rule of Law is a principle that aims to ensure that laws operate as a stable system of norms that are known to all citizens. It requires laws to be transparent and to be promulgated well before they become a burden to the individual. It also requires that laws be proactive. The Rule of Law can be defined as a system of laws that promote equality and justice.
Principles of the Rule of Law
One of the hallmarks of Rule of Law theory is its laundry list of principles. While the principles are of different kinds and address different aspects of law, they all share certain substantive values. These include the generality, prospectivity, consistency, clarity, and stability.
Legal system
The legal system is the framework for interpreting and enforcing laws and the duties and rights of all citizens. There are several different legal systems in the world, but there are similarities between them as well. These include common law, civil law, religious law, and customary law. Some systems also have similarities in terms of the way taxes are set, jury systems for determining the facts of a lawsuit, and electoral systems for making political decisions.
Constitution
The Constitution of the United States of America, ratified in 1787, provides the framework for our Federal Government. It is often referred to as the supreme law of the land. This means that no law can contradict its principles. Nevertheless, it is also extremely flexible, and makes it possible for changes to occur in our Government. That is why it is a “living document.” In its 200-year history, it has only been amended 27 times.
Ethics of the rule of law
The Rule of Law is an ideal that has been a part of political tradition for millennia. The idea of a rule of law is important for a number of reasons. First, it makes the exercise of power less peremptory and arbitrary. Second, it provides a bond of reciprocity and mutual constraint that mitigates the asymmetry of political power. Third, it promotes social justice, economic freedom, and human rights.
Legal institutions
In this book, the author presents a comprehensive theory of legal institutions. His theoretical framework is designed to explain the origins, development, and nature of legal systems.
Legal systems around the world
The legal systems of different countries are often quite different. For example, the United States has a civil law system, while the United Kingdom has a common law system. These two legal systems differ in the type of law they enact and the way in which it is administered. Common law systems largely use judicial rulings to decide cases, while civil law systems typically rely on case law and codified principles.
Sources of the Rule of Law
The idea of the rule of law can be traced back to ancient Greece. In recent years, the concept has gained more attention. For example, former U.S. Supreme Court Justice Anthony M. Kennedy noted that he did not hear the term “rule of law” in law school back in the 1950s, when he was studying to be a lawyer.
