What is the Rule of Law?
The rule of law is a political ideal that holds individuals accountable to their country’s laws, as well as officials in positions of power to act within established public norms. This ideal is highly valued in democratic societies and forms part of liberal traditions such as democracy, human rights, and social justice.
The Rule of Law is a set of requirements essential for ordinary citizens, lawyers and activists in a democratic society. These standards include an independent judiciary, equal access to legal remedy and non-corruption in public sector institutions.
These principles are considered essential in the United States, where they are codified in our constitution and federal laws. They have also gained global relevance, such as Canada and France.
Legal philosophers have often highlighted formal aspects of the ideal when defining the rule of law: rule by general norms rather than specific decrees; public norms that are known by all; and clear, irrevocable legal obligations.
However, legal philosophers still debate precisely what exactly constitutes “the rule of law”. Some have followed Joseph Raz 1977 in asserting that it is simply an abstract ideal; others contend it contains deeper values which make it more than simply an objective legal principle.
One of the most contentious issues regarding the Rule of Law is what it requires for government institutions to operate effectively and fairly in terms of policies and practices. Some legal philosophers have suggested that while idealizing this ideal, one must distinguish it from democratic values such as human rights or social justice which have long been part of liberal political morality traditions.
Some advocates of the Rule of Law, who believe it should be limited to formal and procedural criteria, often point out the separation between legal officials and other government actors as proof of its legitimacy. But this approach has its drawbacks.
If the judiciary’s independence is misused to grant sectoral privileges or unchallenged interpretations of the law, this may weaken its capacity as a check on political power.
But preserving the independence of the judiciary can help to prevent politicization and incoordination between other branches of government. Furthermore, if legal protection against abuse of authority exists, then this rule of law may be sufficient to guarantee that government will act according to public norms and shield ordinary people from arbitrary or discriminatory acts.
The concept of the rule of law is a political ideal that belongs to all citizens, lawyers and activists in society as much as legal philosophers who study it. That makes defining exactly what this ideal requires such a challenge.
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