U.S. State Department Definition of the Rule
"The Rule of Law
For much of human history, rulers and law were synonymous -- law was
simply the will of the ruler. A first step away from such tyranny was
the notion of rule by law, including the notion that even a ruler is
under the law and should rule by virtue of legal means. Democracies went
further by establishing the rule of law. Although no society or
government system is problem-free, rule of law protects fundamental
political, social, and economic rights and reminds us that tyranny and
lawlessness are not the only alternatives.
* Rule of law means that no individual, president or private citizen,
stands above law. Democratic governments exercise authority by way of
law and are themselves subject to law's constraints.
* Laws should express the will of the people, not the whims of kings,
dictators, military officials, religious leaders, or self-appointed
political parties.
* Citizens in democracies are willing to obey the laws of their society,
then, because they are submitting to their own rules and regulations.
Justice is best achieved when the laws are established by the very
people who must obey them.
* Under the rule of law, a system of strong, independent courts should
have the power and authority, resources, and the prestige to hold
government officials, even top leaders, accountable to the nation's laws
and regulations.
* For this reason, judges should be well trained, professional,
independent, and impartial. To serve their necessary role in the legal
and political system, judges must be committed to the principles of
democracy.
* The laws of a democracy may have many sources: written constitutions;
statutes and regulations; religious and ethical teachings; and cultural
traditions and practices. Regardless of origin the law should enshrine
certain provisions to protect the rights and freedoms of citizens:
* Under the requirement of equal protection under the law, the law may
not be uniquely applicable to any single individual or group.
* Citizens must be secure from arbitrary arrest and unreasonable search
of their homes or the seizure of their personal property.
* Citizens charged with crimes are entitled to a speedy and public
trial, along with the opportunity to confront and question their
accusers. If convicted, they may not be subjected to cruel or unusual
punishment.
* Citizens cannot be forced to testify against themselves. This
principle protects citizens from coercion, abuse, or torture and greatly
reduces the temptation of police to employ such measures."
Concise
Guide to the Rule of Law
A study guide to accompany Brian Tamanaha's "On
the Rule of Law: History, Politics, Theory".
"This paper will provide an overview of core aspects of the rule of law. It is by no means exhaustive on the subject and does not resolve any of the hard questions; it does not address any philosophical or theoretical disputes about the rule of law. Rather, it is a pragmatic guide to the basic issues...."
MP3
PDF Transcript
Restoring the Rule of Law
On Monday, January 16, 2006, an audience of over 3,000 people
visited DAR Constitution Hall in Washington, DC to hear a powerful
speech by former Vice President Al Gore entitled "Restoring the Rule of
Law. " The event was co-sponsored by American Constitution Society and The Liberty Coalition, and
broadcast live by C-SPAN. (From
www.acslaw.org)
Friedrich Hayek
An excerpt from "The Constitution of Liberty." © University of Chicago Press, 1960 pp 162-175
The
Rule of Law Revival by
Thomas Carothers
The Carnegie Endowment gratefully acknowledges the permission of the
Council on Foreign Relations to reprint this article, which originally
appeared in Foreign Affairs 77, no. 2 (March/April 1998).
Beltway Establishment's Contempt for the Rule
Glenn Greenwald on
salon.com Oct. 14, 2007
How
an Instrumental View of Law Corrodes the Rule of Law
Prof. Brian Tamanaha posits that:
"The United States legal tradition combines two core
ideas. The first idea, known broadly as the "rule of law," is that
government officials and citizens are obligated to abide by a regime of
legal rules that govern their conduct. The second idea, what I call
legal instrumentalism, is that law is a means to an end; or, put in more
familiar terms, law is an instrument for the social good. Both ideas are
taken for granted and are equally fundamental in the contemporary U. S.
legal culture. Seldom is it recognized that the combination of these two
ideas is a unique historical development of relatively recent
provenance, and that in certain crucial respects they are a mismatched
pair."
Posted on Social Science Research Network. Originally published St.
John's Legal Studies Research Paper No. 06-0061,
DePaul Law Review, Vol. 56, 2007
This I Believe - The Rule of Law - an essay
Attorney Michael Mullane
believes that upholding the Rule of Law is vital to being an American