The Concept of the Rule of Law

Rule of law is a concept that reflects a number of different facets. The World Justice Project outlines some of these facets. The first is that the government and individuals are both accountable under the law. In a society, the rule of law should reflect that all entities are subject to the law. If there are entities that are not subject to the rule of law, then the rule of law has no validity. Thus, all governmental and non-governmental actors are to be subject to the same set of laws, and to equal enforcement of those laws.

The second facet of the rule of law concept is that the law is written and codified. The law should be written down so that its application cannot be arbitrary, and that all who live under this law can readily understand the law. If the law is not written, then it can be capricious. If the law is not available for the public to view, then there is no guarantee that the law will be applied equally and fairly because there is no opportunity for those outside of the legal system to examine different cases and ensure that the law is the same for everybody. One of the most important facets of the rule of law is that the law is above all else, and applies to everybody equally.

The third tenet is that the process by which the law is applied is fair. The administration of law is complex, and it is important that this application is fair and equal to all. There are many ways in which this concept manifests. For example, in modern Western societies, the practice of law is a specialized field for which market prices are fairly high. This, however, creates a situation where some people or entities have greater access to the legal system than others, because they have the requisite financial means. It undermines the rule of law to have situations where an entity essentially has no recourse under law when wronged because of the cost of accessing the legal system. In non-Western societies, the situation can be more stark, where people are disempowered to even seek legal remedy because they hold a status that forbids this.

The fourth tenet is that justice is delivered in a timely manner, retains independence, and reflects the community served. This again is a complicated element, but reflects in several ways. First, it reflects the idea that the law is not imposed upon people, but is a system that serves people. One group of people should not impose the law on another group. Embedded in this tenet is the idea that law should be impartial, so that those who are enforcing law are neutral, not using the law for personal, professional or political grievances. That would give greater confidence among the people for the power of the rule of law.