In our daily lives, we often lament the fact that we have to follow rules. We often find that the laws of society are too restrictive and rigid, not flexible enough to meet our individual needs and circumstances. However, if we understand the idea of the rule of law, we see that rules, while often uncomfortable, actually save us from the unbearable inconveniences that a social order without objective rules would inevitably provide. This is not to say that all of our current laws or rules are perfect, but the existence of these objective rules ultimately protects our freedom. While many people around the world are still struggling against the oppression of a tyrannical ruler, we are at least partially free from oppression because we are governed by the law. In the West, the ancient Greeks initially regarded the best form of government as the rule of the best men. [12] Plato advocated a benevolent monarchy led by an idealized philosopher king who was above the law. [12] Plato nevertheless hoped that the best men would be good at keeping the established laws, stating: “When the law is subject to another authority and has no authority of its own, the collapse of the state is not far away, in my opinion; But if the law is the master of the government and the government is its slave, then the situation is full of promise and people enjoy all the blessings that the gods pour out on a state. [13] More than Plato tried, Aristotle firmly refused to allow the highest official to exercise power beyond the custody and service of the law. [12] In other words, Aristotle advocated the rule of law: the rule of law can be hindered if there is a discrepancy between the legal consensus and the popular consensus. Intellectual property is one example.

Under the auspices of the World Intellectual Property Organization, theoretically strong copyright laws have been introduced in most parts of the world; But because the attitude of a large part of the population does not respect these laws, a rebellion against property rights has manifested itself in endemic piracy, including an increase in peer-to-peer file sharing. [96] Similarly, tax evasion is common in Russia, and a person who admits that he or she does not pay taxes is not judged or criticized by colleagues and friends because the tax system is considered inappropriate. [97] Corruption also has different normative implications from culture to culture. [90] The Supreme Court also ruled that the rule of law “must mean at least two things. First, that the law reigns over both civil servants and individuals, thus excluding the influence of arbitrariness” and that “the rule of law requires the creation and maintenance of a real order of positive laws that.. order” (Reference to Manitoba`s language rights). The International Development Law Organization (ADA) is an intergovernmental organization with a focus on the promotion of the rule of law and development. It strives to empower individuals and communities to claim their rights and provides governments with the expertise to make it a reality. [82] It helps emerging and middle-income countries strengthen their legal capacity and rule of law framework for sustainable development and economic opportunity. [83] It is the only intergovernmental organization with an exclusive mandate to promote the rule of law and has experience in more than 170 countries around the world. [84] In 1959, an event took place in New Delhi during which a declaration on the fundamental principle of the rule of law was made as the International Commission of Jurists.

The event was composed of more than 185 judges, lawyers and law professors from 53 countries. This later became known as the Delhi Declaration. During the statement, they explained what the rule of law entails. These include certain rights and freedoms, an independent judiciary and social, economic and cultural conditions conducive to human dignity. The only aspect that is not included in the Delhi Declaration is that the rule of law requires that the legislature be subject to judicial review. [69] Positions and methods of servitude Despite these fundamental characteristics, there has never been a generally accepted or even systematic formulation of the rule of law (but not due to a lack of attempts on the part of lawyers and political philosophers). The idea that the law should contribute to beneficial ways of channelling and restricting the exercise of public power can be interpreted in different ways; These differences are particularly evident over time and between different communities. Concept in relation to five (different) “objectives” of the rule of law: In addition to a number of states and territories, there is a large gap between the rhetoric of the rule of law and reality across the continent. In Thailand, the police favor the rich and the corrupt. In Cambodia, judges are deputies of the ruling political party. Whether a judge harbours political prejudice or applies the law unevenly is the least concern for an ordinary defendant in Asia. More likely, will the police fabricate the evidence? Will the prosecutor bother to show up? Will the judge fall asleep? Will I be poisoned in prison? Will my file be closed within a decade? [62] Among the many other points of happiness and freedom enjoyed by Your Majesty`s subjects of this kingdom among your royal ancestors, kings and queens of this kingdom, there is none to whom they have attributed more love and preciousness than this one, which can be guided and governed by the particular rule of law that gives both the head and the members that, to which they are rightly entitled.

and not by an uncertain or arbitrary form of government. [25] Most legal theorists believe that the rule of law has purely formal characteristics. For example, these theorists argue that the law requires generality (general rules that apply to classes of people and behaviors as opposed to individuals), publicity (no secret laws), prospective application (few or no retroactive laws), consistency (no contradictory laws),[38] equality (equally applied throughout society), and certainty (certainty of application to a particular situation), but formalists claim that there are no requirements regarding the content of the law. Others, including some legal theorists, believe that the rule of law necessarily implies the protection of the rights of the individual. In legal theory, these two approaches to the rule of law are seen as the two fundamental alternatives, each referred to as the formal and substantive approach. Nevertheless, there are other points of view as well. Some believe that democracy is part of the rule of law. [39] In France and Germany, the concepts of the rule of law correspond to the principles of constitutional supremacy and the protection of fundamental rights before the authorities (see public law), in particular the legislature. [44] [45] The France was one of the first pioneers of the ideas of the rule of law. [46] The German interpretation is “more rigid” but similar to that of the France and the United Kingdom. [47] [48] An important aspect of rule of law initiatives is the study and analysis of the impact of the rule of law on economic development. The rule of law movement cannot fully succeed in transition and developing countries without an answer to the question: is the rule of law important for economic development or not? [87] Constitutional economics is the study of the compatibility of economic and financial decisions within existing constitutional frameworks, and such a framework includes public spending on the judicial system, which in many transition and developing countries is fully controlled by the executive.


What Is the Concept of the Rule of Law Is Best Stated in the Constitution