Laws And Rules: Global Or Local?

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. Rules are instructions for a place or situation, such as school, home, or sports teams, and they are made by people in authority. Laws, on the other hand, are rules that apply to all people at all times and have legal consequences if they are not followed. They are made by parliaments and courts and are enforced by the police and the courts.

Equality before the law

The principle of equality before the law holds that the law should apply to all citizens equally, regardless of their status in society. This means that all human beings have the right to be treated equally and fairly before the law, and that no one is above the law.

The idea of equality before the law is a central tenet of a fair and just legal system and is enshrined in many modern constitutions. It was outlined by Professor A.V. Dicey, who described the rule of law as having three key aspects: the absolute supremacy of regular law over arbitrary power; equality before the law, where all classes are subject to the ordinary law of the land; and the fact that the constitution is the consequence of the rights of individuals, as defined and enforced by the courts.

The principle of equality before the law has its origins in the Magna Carta, a key medieval document sealed in 1215 between King John of England and the Barons. The Magna Carta established the concept of the rule of law, where all citizens, including the King, must follow the law. It gave the people a mechanism to limit the power of the King and assert their rights.

The idea of equality before the law has been further developed in modern times, with the Equal Protection Clause being a key example. This clause is part of the Fourteenth Amendment to the United States Constitution and took effect in 1868. It mandates that "no State shall ... deny to any person within its jurisdiction the equal protection of the laws", meaning that individuals in similar situations should be treated equally by the law. The Equal Protection Clause has been the basis for many Supreme Court decisions, including Brown v. Board of Education (1954), which helped to dismantle racial segregation, and Obergefell v. Hodges, which legalized same-sex marriages.

The notion of equality before the law is also closely linked to the idea of community enforcement, where laws are enforced by the community rather than a central authority. In such cases, laws apply equally to all members of the community, and there may be consequences for those who break them. This concept is distinct from the idea of elite domination, where a subset of agents control the means of violence and are not subject to the same laws as the rest of the community.

Laws are publicly promulgated

Publicly promulgating laws ensures that people are able to be guided by them. This requires that laws are relatively stable and do not frequently change, so that people can consult the laws before acting. It also requires that legal obligations are not applied retroactively. The law should be clear and certain in its application, so that people are able to understand the law and comply with it.

The principle of publicity in law is closely related to the idea that no one is above the law. This implies that lawmakers, law enforcement officials, and judges are all subject to the law. It also means that the law is supreme over the government, and that the government is subject to the same laws as its citizens.

The rule of law is a durable system of laws, institutions, norms, and community commitment that delivers universal principles such as accountability, just law, open government, and accessible and impartial justice. The rule of law is closely related to constitutionalism and is defined by the Encyclopædia Britannica as:

> "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."

Laws are independently adjudicated

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 as "no one is above the law". The rule of law implies that every person is subject to the law, including lawmakers, law enforcement officials, and judges. This is in contrast to the "rule of man", where one person or group of persons rule arbitrarily.

The rule of law is defined by the World Justice Project as a durable system of laws, institutions, norms, and country commitment that upholds four universal principles:

• 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 timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.

The rule of law is also defined by the US Army and the US Government as:

> [...] a principle of governance in which all persons, institutions and entities, public and private, including the state itself, are accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated, and which are consistent with international human rights principles.

The rule of law is a long-standing principle in the UK, dating back to the Magna Carta in 1215 and the Bill of Rights in 1689. It is also a key principle in the US Constitution, which states that the power of the people is superior to that of the legislature. The US Constitution is the nation's fundamental law and courts have the responsibility to interpret its meaning, as well as the meaning of any laws passed by Congress.

Laws are consistent with international human rights principles

The UDHR, along with the International Covenant on Civil and Political Rights and its two Optional Protocols, and the International Covenant on Economic, Social and Cultural Rights, form the International Bill of Human Rights. This bill outlines civil, political, economic, social, and cultural rights that all human beings should enjoy. It has been widely accepted as the fundamental norms of human rights that everyone should respect and protect.

To uphold these rights, international human rights law imposes obligations on states to respect, protect, and fulfil human rights. The obligation to respect means that states must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires states to take action to safeguard individuals and groups from human rights abuses. The obligation to fulfil entails that states must actively facilitate the enjoyment of basic human rights.

Through ratification of international human rights treaties, governments commit to implementing domestic measures and legislation that align with their treaty obligations. When domestic legal proceedings fail to address human rights abuses, mechanisms exist at the regional and international levels to ensure that international human rights standards are respected, implemented, and enforced locally.

The rule of law is essential in upholding human rights. It provides a durable system of laws, institutions, norms, and community commitment that delivers principles such as accountability, just law, open government, and accessible and impartial justice. Accountability, for instance, ensures that both the government and private actors are held accountable under the law, contributing to the protection and fulfilment of human rights.

Laws are 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. The idea of the rule of law is often summarised as "no one is above the law". This means that laws are applied evenly to all people, regardless of their background or social class.

The rule of law implies that every person is subject to the same laws, including lawmakers, law enforcement officials, and judges. This is in contrast to the "rule of man", where one person or group of people rule arbitrarily. The rule of law is closely related to the idea of constitutionalism, which holds that the government is subject to the laws set out in the constitution, and that these laws are supreme over any other form of legislation.

For the rule of law to be effective, the laws must be clear, stable, and publicly available. This allows people to understand the laws and comply with them. The laws should also be applied consistently and impartially, without consideration of the class, status, or power of the individuals involved.

The rule of law is an important principle in many countries around the world, including the United States, the United Kingdom, France, Germany, Finland, Canada, and India. It is also enshrined in international agreements such as the European Convention for the Protection of Human Rights and Fundamental Freedoms and the Treaty on European Union.

Frequently asked questions