Rule of Law

Maybe you've heard the quote, “rules for thee, but not for me”? Have you ever felt elected officials or people in authority don’t follow the same rules they expect you and others to follow? This is where the concept of rule of law comes into play. For centuries, people have desired a legal arrangement where the laws are fairly applied to all. In this summary, we explore the guiding principles and the foundation of the rule of law in the U.S. Constitution. We will start with the basic definition and include helpful examples in the examination of this key political concept.

法治:定义

Rule of Law is a governing principle that maintains all citizens, including leadership, is accountable to the law and that the law is consistently applied. The concept has deep historical roots as societies have attempted to formulate and analyze power structures.

In the most basic sense, Merriam- Webster defines rule of law as:

Fig. 1: Statue of Lady Justice

History of the Rule of Law

Ancient Greece

Ancient Greek philosopher Aristotle wrote extensively about the benefits of well-written laws that could outlast the rule of a good leader. Aristotle maintained inPoliticsthat strong leadership is still temporary, while effective laws can outlive both good and bad leadership.

英格兰

The Magna Carta, written in 1215, clearly influenced the writing of the Constitution. The English barons who rebelled against King John established the precedent that the rights of the governed, under the law, are valued over the laws of the ruler. In establishing a system of government and a framework of laws, the founders of the American model of government purposely built-in checks on the power of elected leaders. In part, this was to ensure they could not become too powerful and violate the rights of the citizens. The influence of the Magna Carta was clear.

Fig. 2: King John signing the Magna Carta

America

The Founding Fathers intentionally created mechanisms in the U.S. Constitution to promote the rule of law as the guiding principle of the newly created government. Historical abuses under King George III influenced their beliefs that laws must protect the people from despotism. The tradition of rule under monarchs led to a view that the monarchs’ customary belief in the divine right of kings was harmful to its citizens and prone to abuse.

Components such as the right to a trial by jury, guarantees of a speedy trial, and protection against the loss of rights were all enshrined in the Constitution and were featured in the Magna Carta.

Features of the Rule of Law

The basic principle of rule of law includes the following:

In essence, a nation with the rule of law should have laws that are universally fair in design and application. If citizens are secure in their ability to live within the legal framework, they will continue to give authority to elected leaders. This concept is known aspopular sovereignty.

-Professor Robert Stein, Everett Fraser Professor of Law, University of Minnesota Law School.

Examples of the Rule of Law

The rule of law can be noted in all levels of American government as well as in the everyday workings of civil society. To implement this model, a government must create fair laws that are universally enforced and followed by all citizens; including leadership.

Federal Example:

《联邦党人文集》中的约翰·杰伊·詹姆斯·麦迪逊and Alexander Hamilton wrote of a need for an established judiciary, independent of other governmental actors. In Federalist 78 - the independent judiciary only interprets laws. The federal court system including the Supreme Court does not make or carry out the law. The result is that the judicial branch cannot become too powerful or exceed its authority.

再保险cent Example:

A state Governor must wear a mask when citizens of a state are required to do so. Ensuring, that elected or appointed leaders follow the same laws and rules as citizens builds trust and legitimacy in government. This arrangement was seen as a safeguard against abuse of power by leaders who could place themselves 'above the law'.

Individual Example:

A citizen knows that when they cross a street, drivers will follow traffic laws and yield to pedestrians. This understanding underpins the justification for almost every daily action. Similarly, usage of money is based on trust in the government and the backing of the U.S. Treasury. Citizens place trust in a complex system of rules and laws that is simple to generate support for when there is an expectation that all are treated equally under the law.