The Rule Of Law: Application And Enforcement Explained

The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as no one is above the law. The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.

The rule of law is foundational to the creation of healthy communities of justice, opportunity, and peace. It is also a key driver of economic growth, greater peace, more education, and improved health outcomes.

The rule of law is applied through a set of universal principles that guide the creation and enforcement of laws. These principles include:

- Accountability: The government and its officials and agents are accountable under the law.

- Just Law: The law is clear, publicized, and stable, and is applied evenly. It ensures human rights as well as property, contract, and procedural rights.

- Open Government: The processes enforced are accessible, fair, and efficient.

- Accessible and Impartial Justice: Justice is delivered in a timely manner by competent, ethical, and independent representatives who are accessible, have adequate resources, and reflect the makeup of the communities they serve.

Equality before the law

The idea of equality before the law was outlined by Professor A.V. Dicey, who described the rule of law as:

• The absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power, and excludes the existence of arbitrariness, of prerogative, or even of wide discretionary authority on the part of the government. Englishmen are ruled by the law, and by the law alone; a man may be punished for a breach of law, but he can be punished for nothing else.
• Equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the ‘rule of law’ in this case excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs other citizens or from the jurisdiction of the ordinary courts.
• With us, the law of the constitution, the rules which in foreign countries naturally form part of a constitutional code, are not the source but the consequence of the rights of individuals, as defined and enforced by the courts; ... the constitution is the result of the ordinary law of the land.

The rule of law, and the idea of equality before the law, can be traced back to ancient civilizations, including ancient Greece, Mesopotamia, India, and Rome. The earliest conception of the rule of law can be traced back to the Indian epics Ramayana and Mahabharata, with the earliest versions dating to the 8th or 9th centuries BC. Other sources for the philosophy of the rule of law can be found in the Upanishads, which state that "The law is the king of the kings. No one is higher than the law. Not even the king."

In the Western tradition, the idea of equality before the law was popularized in the 19th century by British jurist A.V. Dicey, although the principle, if not the phrase itself, was recognized by ancient thinkers such as Aristotle, who wrote:

> It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.

The rule of law was also discussed by John Locke in his Second Treatise of Government (1690), who wrote:

> The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in the commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it. Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man.

In modern times, the idea of equality before the law has been enshrined in various constitutions and legal codes, such as the Fourteenth Amendment to the United States Constitution, which includes the Equal Protection Clause, mandating that individuals in similar situations be treated equally by the law. Similarly, in Canada, the Rule of Law is associated with A.V. Dicey and is mentioned in the preamble to the Constitution Act, 1982. In France and Germany, the concepts of the rule of law are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities. In Finland, the constitution explicitly requires rule of law by stipulating that "the exercise of public powers shall be based on an Act."

No one is above the law

The concept of 'no one is above the law' is a fundamental principle of the rule of law, which dictates that all individuals, regardless of their social standing, are equally subject to the law. This means that everyone must comply with the same set of laws and legal procedures, and no person or group is exempt or holds superior authority that would place them outside of its reach.

The principle of 'no one is above the law' is essential to maintaining a fair and just society, as it ensures that those in positions of power or influence are held accountable for their actions and cannot abuse their status to circumvent legal consequences. It establishes a system of checks and balances, preventing the concentration of power in the hands of a few and protecting the rights and freedoms of all citizens.

In a society where 'no one is above the law', laws are enacted and enforced impartially, and all citizens have equal access to justice. This means that legal processes are transparent and consistent, and individuals are guaranteed the right to a fair trial, regardless of their background, status, or influence. This principle also extends to those in positions of authority, who are bound by the same laws as the citizens they serve and are accountable for their actions.

The application of this principle ensures that laws are applied and enforced without bias or favouritism. It prevents the selective enforcement of laws, where certain individuals or groups may be exempt or receive preferential treatment due to their status, connections, or influence. All citizens are entitled to equal protection under the law, and no one is privileged or disadvantaged based on their social position.

Furthermore, the principle of 'no one is above the law' reinforces the independence and integrity of the judiciary. Judges and magistrates are expected to interpret and apply the law impartially, free from external influences or pressure from powerful individuals or entities. This ensures that legal decisions are based solely on the facts and merits of each case, upholding the fairness and credibility of the justice system.

In summary, the concept of 'no one is above the law' is a cornerstone of the rule of law, guaranteeing equality, fairness, and accountability in the application of laws and ensuring that justice is served impartially. It safeguards the rights and freedoms of citizens, prevents abuse of power, and reinforces the independence of the judiciary, thereby promoting a just and equitable society.

The law is clear and stable

For a legal system to be clear and stable, the law must be accessible and understandable to all those who are subject to it. This means that laws should be written down and made public, with a clear and unambiguous meaning.

A clear and stable legal framework ensures that everyone knows what the law is, what their rights are, and what consequences may arise from their actions. This clarity allows individuals to make informed decisions and take responsibility for their actions. It also enables consistent decision-making across the judiciary and ensures that similar cases are treated alike.

To achieve this clarity, laws should be written in plain language, avoiding legal jargon as much as possible. They should be free from ambiguity, with clear definitions provided for any terms that may have multiple meanings. In cases where a law is unclear or ambiguous, a mechanism for interpretation, such as through the courts or a specialised body, should be available to provide guidance and ensure consistent application.

Additionally, the stability of the law is crucial. Laws should not change frequently, as this can lead to confusion and uncertainty. While it is important for laws to evolve and adapt to societal changes, any modifications should be carefully considered and implemented gradually, with advance notice given to ensure that all affected parties are aware of the changes and can prepare accordingly.

The law is applied evenly

The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The rule of law is best understood as a cluster of values that might inform a variety of institutional designs.

The rule of law is applied evenly through the following mechanisms:

Equality Before the Law

The rule of law holds that no “legal” person shall enjoy privileges that are not extended to all and that no person shall be immune from legal sanctions. The application and adjudication of legal rules by various governing officials are to be impartial and consistent across equivalent cases, made blindly without taking into consideration the class, status, or relative power among disputants.

Access to the Law

The rule of law requires that citizens have access to the law. This means that laws should be epistemically accessible, i.e. they should be a body of norms promulgated as public knowledge so that people can study it, internalize it, and use it as a framework for their plans and expectations. Additionally, legal institutions and their procedures should be available to ordinary people to uphold their rights, settle their disputes, and protect them against abuses of public and private power.

Independence of the Judiciary

The rule of law requires the independence of the judiciary, the accountability of government officials, the transparency of public business, and the integrity of legal procedures. This means that those who judge the legality of exercises of power should not be the same as those who exercise it. A typical rule-of-law state will, therefore, institutionalize some means of shielding legal officials from interference, political or otherwise, that threatens their independence.

Binding Written Constitution

A binding written constitution is widely believed to aid the rule of law and has been adopted by most states of the world.

No Arbitrary Enforcement

The rule of law requires that laws are certain, general, and applied equally. This means that laws must not be enforced and applied retrospectively, and that the law is applied to everyone in the same way to whom it applies. There needs to be a separation between people who make the law and people who apply the law.

The law is accessible

The rule of law is a political ideal that all people and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. It is sometimes stated simply as "no one is above the law". The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers four universal principles: accountability, just law, open government, and accessible and impartial justice.

The accessibility of the law is essential to maintaining a free, democratic, and fair society. It ensures that people are able to be guided by the law and can comply with it. It also ensures that people are treated with dignity, as the law is a mode of governing that treats people as though they have a perspective of their own to present on the application of norms to their conduct and situation.

The accessibility of the law is also important for economic development. It provides a framework of predictability that enables individuals and businesses to make plans and work around the law's requirements. It also provides a basis for expectation, allowing people to form a general plan of conduct and to unite their present and future existence.

Frequently asked questions