Which Statement Is an Example of the Principle of Rule of Law

The World Justice Project has proposed a working definition of the rule of law that encompasses four principles: a resource for leading organizations, model programs, rule of law information, and more. Justice Kennedy suggests that the rule of law has taken on special significance for the people of the United States, based on our history of looking to the law to fulfill the promises of freedom, justice, and equality set forth in our nation`s founding documents. Indeed, as we discussed in more detail in Part II of the Dialogue, our understanding of the rule of law in the United States has evolved around the belief that one of the primary purposes of the rule of law is to protect certain fundamental rights. The U.S. Constitution was a nation`s first attempt to create a written constitution of laws that would bind the government and guarantee special rights to its people. Today, the rule of law is often linked to efforts to promote the protection of human rights worldwide. There must be a separation of powers within the government. Drafters should enact the law in general. The legislator should not be the body that decides on the application of the law to certain situations.

The executive branch applies the law to certain situations. The judiciary decides on disputes relating to the application of the law to certain situations. I propose that the important sources for identifying the fundamental principles of justice of the rule of law should be the fundamental United Nations human rights documents. These documents – the Universal Declaration of Human Rights[44] and the International Covenant on Civil and Political Rights[45] – establish principles that the nations of the world have recognized as fundamental human rights of all human beings. The United States judicial system plays an important role in the proper application of the rule of law. The various local, state, and federal judicial systems ensure that minority voices and dissenting views can voice their legal grievances. The concept of equality before the law is a central issue in judicial proceedings. To ensure that there is no tyranny of the majority, the courts hear all voices and protect against the violation of the rights of all citizens. It can be argued strongly that the seventh principle of the rule of law, which requires an independent judiciary, should also be expanded to include that an independent legal profession responsible for enforcing just laws and protecting human rights is essential to the rule of law. The issues raised by academics and the various definitions of the rule of law that have been put forward suggest these additional principles that could be added to the list of principles that define the rule of law. The World Justice Project`s fourth universal principle of the rule of law goes even further. [70] It extends the requirement of independence to all those who “administer justice,” including, for example, law enforcement officials such as prosecutors, lawyers and judges.

[71] James Madison wrote that “the concentration of power is tyranny.” In the Federalist Paper, Number 47, Madison pointed out that a government in which: This idea raises the question of whether there is a rule of international law. The principles set out in this article refer to the existence of the rule of law in a given country. They set out a government`s obligations to the citizens of their country to uphold and promote the rule of law in that country. Bingham draws our attention to the question of whether the rule of law exists in an international context. [73] It raises the question of whether nation-states are bound vis-à-vis other nation-states to respect the international commitments undertaken by the community of nation-states. [74] I agree with Bingham`s eighth subsidiary principle and believe that an emerging rule of international law is developing and will continue to develop in the years to come. [75] A guiding principle that holds all citizens, including leaders, accountable to the law and that the law is applied consistently. Dr. Mark Ellis, Executive Director of the International Bar Association, went further and suggested that the definition of the principle of substantive justice of the rule of law be based on the non-segregated rights codified in the Covenant on Civil and Political Rights. are.

[46] These rights are human rights that a government cannot override, even in times of crisis. [47] These rights may be fundamental elements of the principle of the primacy of law relating to substantive justice. [48] All of these principles are unlikely to have a strong presence in a society.