Abstract
A fundamental principle of constitutional democracies is the rule of law. Decisions should be made by the application of known principles or laws without the intervention of discretion in their application. Supremacy of the law. Black’s Law Dictionary, 6th Edition, p. 1332.) The state’s constitution is the supreme law of the land. No one above the law. Demands equal justice and order in society. Opposite is despotism and arbitrariness. The rule of law does not base law on the whims of the ruler or of the sovereign, not even on a majority of persons. The rule of law is a check on the tyranny of the majority. Conditions for the Rule of law: 1. Laws are enforced equally, impartially, and equitably. 2. No one is above the law. 3. Laws are made following established procedures. 4. People understand the rule of law. 5. No retroactive law. 6. Laws are reasonable and enforceable. (John J. Patrick—Understanding Democracy Oxford University Press, 2006, pp. 88-89.) The rule of law is threatened as never before. This paper examines the full meaning of the rule of law and examines in depth the various worldwide threats to the rule of law. The rule of law is bulwark against tyranny, arbitrary government, the trampling of human rights and the practice of limited government. If the rule of law is subverted we lose an important element of constitutional democracy and witness the unchecked rise of authoritarianism and tyranny. Without the rule of law justice in society is impossible.
Presenters
John RayProfessor, Liberal Studies/Interdisciplinary Arts and Sciences, Montana Technological University, Montana, United States
Details
Presentation Type
Paper Presentation in a Themed Session
Theme
KEYWORDS
LAW, RULES, GOVERNMENT, REPUBLIC, DEMOCRACY, RIGHTS
