What Is a Legal Rule in Law

What Is a Legal Rule in Law

Bingham expanded this definition of the rule of law by presenting eight subsidiary principles that give this definition of the rule of law a more detailed meaning. [25] Bingham`s eight subsidiary principles raised questions about the rule of law, which will be discussed later in this article. A library of WJP-supported and locally managed programs that promote the rule of law worldwide. It in turn signifies equality before the law or the equal submission of all classes to the general law of the country administered by the ordinary courts; In this sense, the “rule of law” excludes the idea of exempting public servants or others from the duty of obedience to the law that applies to other citizens or from the jurisdiction of ordinary courts. Law and order is at the heart of the general understanding of the rule of law. Most citizens of weak states see law and order as perhaps the most important asset of the rule of law. Law and order are essential to protect the lives and property of citizens – indeed, it is an important means of protecting the human rights of the poor and marginalized, who often face the greatest threat of social insecurity. With this ultimate goal, the rule of law is often opposed either to anarchy or to a vigilant form of justice in which citizens do not trust the state to punish wrongdoers and redress injustice, but take justice into their own hands and use violence to impose social order. [59] The rule of law may be impeded if there is a discrepancy between the legal consensus and the general consensus. Intellectual property is one example. Nevertheless, some fairly simple and generalizable institutional ideas stem from the idea that those who judge the legitimacy of the exercise of power should not be the same as those who exercise it. For example, a typical rule of law will institutionalize some means of protecting judicial officials from political or other interference that threatens their independence.

Accordingly, the institutional separation of the judiciary from other branches of government is generally considered an important feature of rule of law. Other measures to ensure equitable access to legal institutions may also be important for rule of law regulations. Moreover, it is widely accepted that a binding written constitution supports the rule of law and has been adopted by most states around the world. Another of Bingham`s subsidiary principles is an eighth principle, which states: “The rule of law requires that the State fulfil its obligations under international law as well as under national law.” [72] Through these historical documents, organizational definitions, academics and modern discourses, several principles have emerged that are central to the importance of the rule of law. They contain at least the following ideas. Education plays an important role in promoting the rule of law and a culture of the rule of law. Essentially, it provides an important protective function in strengthening learners` abilities to cope with and overcome life`s difficult situations. Young people can make an important contribution to a culture of legitimacy, and governments can provide educational support that promotes positive values and attitudes in future generations. [98] There is general agreement that these eight principles are central to the importance of the rule of law. The following section examines other principles that could also be considered important aspects of the rule of law.

In the words of Justice Anthony Kennedy, “the term rule of law is often invoked, but rarely defined.” Since Aristotle`s time, scholars, judges, and jurists have struggled to articulate the meaning of the sentence clearly. This article contributes to the ongoing debate by establishing eight principles that constitute the fundamental principles of the rule of law. This article also identifies five additional principles that could be added to the list of rule of law principles. This ongoing search for definitions is important because, to the extent that we can more clearly identify the principles of the rule of law, we can more effectively support legal and policy reforms that will advance them. This view is supported by the World Justice Project`s definition of the rule of law cited above, which states in its second universal principle that “fundamental rights” protected by the rule of law include the protection of persons and property. [60] John Locke, Second Treatise of Government 32 (C.B. Macpherson ed., Hackett Publ`g Co. 1980) (1690) (“[T]he aim of law is not to abolish or restrict liberty, but to preserve and extend liberty: for in all states created beings capable of laws where there is no law, there is no freedom; for freedom must be free from the coercion and violence of others; which cannot be where there is no law: but freedom is not, as we are told, a freedom for every man to do what he lists: (for who could be free if the humour of all others could reign over him?), but a freedom to dispose and order over his person, his actions, his property and all his possessions, how he enumerates them, within the framework of the laws by which he finds himself, and there not be subject to the arbitrary will of others, but freely follow his own. As noted above, this third principle of the rule of law recognizes the need for some discretion for civil servants in the modern administrative state, but requires that discretion be kept to a minimum.