Rule Of Law
The rule of law is a legal maxim whereby governmental decisions are made by applying known legal principles. The phrase can be traced back to the 17th century, and it was popularized in the 19th century by British jurist A. V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern". Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right.
Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion" giving rise to a "rampant divergence of understandings ... everyone is for it but have contrasting convictions about what it is."
At least two principal conceptions of the rule of law can be identified: a formalist or "thin" definition, and a substantive or "thick" definition. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.
Read more about Rule Of Law: History, Categorization of Interpretations, Status in Various Jurisdictions, Organizations and Scholarly Works, In Relation To Economics, In Conflict With Natural Law, Further Reading
Famous quotes containing the words rule of law, rule of, rule and/or law:
“Freedom prospers when religion is vibrant and the rule of law under God is acknowledged.”
—Ronald Reagan (b. 1911)
“It is a rule of creative ability that it does nothing of any value, while it is possessed by this afflatus of vanity.”
—Christina Stead (1902–1983)
“Men conceive themselves as morally superior to those with whom they differ in opinion. A Socialist who thinks that the opinions of Mr. Gladstone on Socialism are unsound and his own sound, is within his rights; but a Socialist who thinks that his opinions are virtuous and Mr. Gladstone’s vicious, violates the first rule of morals and manners in a Democratic country; namely, that you must not treat your political opponent as a moral delinquent.”
—George Bernard Shaw (1856–1950)
“War is thus divine in itself, since it is a law of the world. War is divine through its consequences of a supernatural nature which are as much general as particular.... War is divine in the mysterious glory that surrounds it and in the no less inexplicable attraction that draws us to it.... War is divine by the manner in which it breaks out.”
—Joseph De Maistre (1753–1821)