What Is the Rule of Law in Layman`s Terms

The idea of the rule of law is that once laws are made, everyone should follow them, both the citizens of the country and the government of the country. Powerful people should not get a passport just because they have a lot of money or social status. And government officials should not be able to stand above the law just because they created the laws. A handful of extreme radicals have undermined the rule of law, social order and “one country, two systems” in #HongKong under the guise of the so-called “democratic movement,” Chinese Ambassador to the UK Liu Xiaoming said at a press conference in London, UK. pic.twitter.com/7tLZbsrBJb Despite these fundamental characteristics, there has never been a generally accepted or even systematic formulation of the rule of law (but not for lack of attempts on the part of lawyers and political philosophers). The idea that the law should contribute to beneficial ways of channelling and restricting the exercise of public power can be interpreted in different ways; These differences are particularly evident over time and between different communities. For such reasons, it is preferable to consider the rule of law not as a model of institutional design, but as a value or group of values that could influence such a conception and can therefore be pursued in various ways. 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 certain means of protecting legal officials from political or other interference that threatens their independence. As a result, the institutional separation of the judiciary from other branches of government is generally regarded as an important feature of the rule of law. Other measures to ensure equitable access to legal institutions may also be important for the rule of law. In addition, it is widely accepted that a binding written constitution supports the rule of law and has been adopted by most states around the world.

At its most fundamental level, the rule of law is the concept that government and citizens know and obey the law. There is currently much debate about who adheres to the rule of law and who does not. in the United States and elsewhere. The use of the phrase tends to be extremely stressful. Failure to respect the rule of law implies that there are significant violations of the social order that are so dramatic that they threaten the foundations of society. These four universal principles form a working definition of the rule of law. They have been developed according to internationally recognized norms and standards and tested and refined in consultation with a wide variety of experts around the world. Ideas about the rule of law have existed since at least the 4th century BC. At the heart of political and legal thought, when Aristotle distinguished the “rule of law” from “that of an individual”. In the 18th century, the French political philosopher Montesquieu developed a doctrine based on the rule of law that opposed the legitimate authority of monarchs to the whims of despots.

Since then, it has profoundly influenced the liberal thinking of the West. The Supreme Court ruled in 1982 that public education cannot be denied because of a student`s immigration status. That didn`t stop Stephen Miller from preventing undocumented children from going to school. In general, the rule of t.co/OGCCWvJSuL law implies that the creation of laws, their application and the relationship between the legal norms themselves are governed by law, so that no one – including the most senior official – is above the law. The legal restriction for leaders means that the government is subject to existing laws as well as to its citizens. A closely related term is therefore the idea of equality before the law, which states that no “legal” person can enjoy privileges that are not extended to all and that no one should be immune from legal sanctions. In addition, the application and decision of legal norms by different government officials in equivalent cases must be impartial and consistent, regardless of class, status or relative power between the parties to the dispute. In addition, for these ideas to have a real purchase, there should be a legal apparatus to force civil servants to submit to the law. The rule of law therefore ensures that governments and citizens act in accordance with the law. Governments operating under the rule of law, for example, differ from the absolute monarchies that ruled medieval Europe, where the king or queen was not always subject to the laws of the land. That`s why an event like the signing of the Magna Carta by King John in 1215 was a big deal (even though it was signed under duress and soon withdrawn – that`s a story for another day). This was a big problem, because the Magna Carta was a document that, among other things, required the king to follow the rules as well.

Sanctuary cities were deliberately designed to ignore the rule of law and undermine our legal immigration system. The courts play a key role in upholding the rule of law, particularly when hearing complaints from minority groups or persons representing minority views. Equality before the law is such an essential part of the U.S. system of government that when a majority, intentionally or unintentionally, violates the rights of a minority, the court may deem it appropriate to hear both sides of the controversy in court. The rule of law is a sustainable system of laws, institutions, norms and community engagement that offers: A good definition of the rule of law that is almost universally accepted, in its simplest form, the term “rule of law” means that we are subject to clearly defined laws and legal principles (and not to the personal whims of powerful people), and that these laws are equal for all peoples. apply all the time. The idea that no one is above the law is a fundamental principle of American jurisprudence, even if its implementation remains desirable rather than real. While certain institutional traditions and conventions, as well as written laws, may be important in ensuring that judicial decisions are based on plausible interpretations of existing laws, no single institutional character of a State should be considered necessary or sufficient for the ideal of the rule of law.

The rule of law is not linked to national experience or to a number of institutions in particular, although it may be better served in some countries and by some institutions. Moreover, institutional arrangements that guarantee the rule of law in one community cannot be easily duplicated or transplanted into another. Different communities embody their own judgments on how certain constitutional ideals can be implemented in light of their particular legal and cultural traditions, which of course influence the character of their institutions. Nevertheless, the initial sociological condition of the rule of law is shared across cultures: for the rule of law to be more than an empty principle, most people in a society, including those whose profession is to administer the law, must believe that no person or group should be above the law. Another popular topic: the maintenance of the rule of law. This means that someone or something follows the laws and applies them equally to all people, including the powerful. The idea of the rule of law dates back to ancient Greece and the work of the philosopher Aristotle. Aristotle`s politics explore the best way to govern a society. He asks, “Is a good leader more important, or are good laws more important?” His answer? The best way to govern a society is through very good laws. But for laws to work fairly, they must apply equally to everyone. Or you might see that the term undermines the rule of law.

This means that someone is acting in a way that has the potential to destroy the general consensus that everyone in society will follow the same rules. So far, the term “rule of law” has been mainly used in English-speaking countries. The original German doctrine of the rule of law is similar and has been translated into other continental European languages such as The Rule of Law (Fr.), Estado de derecho (Sp.), Stato di diritto (It.) and Правовое государство (Ru.) . . . .