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, rule and/or law:
“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)
“The earliest instinct of the child, and the ripest experience of age, unite in affirming simplicity to be the truest and profoundest part for man. Likewise this simplicity is so universal and all-containing as a rule for human life, that the subtlest bad man, and the purest good man, as well as the profoundest wise man, do all alike present it on that side which they socially turn to the inquisitive and unscrupulous world.”
—Herman Melville (1819–1891)
“Will mankind never learn that policy is not morality,—that it never secures any moral right, but considers merely what is expedient? chooses the available candidate,—who is invariably the devil,—and what right have his constituents to be surprised, because the devil does not behave like an angel of light? What is wanted is men, not of policy, but of probity,—who recognize a higher law than the Constitution, or the decision of the majority.”
—Henry David Thoreau (1817–1862)