Rule of Law

History of the Rule of Law

Ancient Greece and the Rule of Law

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

England and the Rule of Law

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 and the Rule of Law

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:

• Citizens are accountable to the law.

• Leaders are accountable to the law.

• The law is universally applied and fair to all citizens and therefore, it is just.

• Transparency/open government allows citizens to see the operations of government and ensure leaders respect the law.

• Laws must be enforced equally and impartially.

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 as popular sovereignty.

The Rule of Law in the American model is protection against authoritarianism. Traditionally, an authoritarian government denies liberty to the citizens and bases power on a single leader or small group of ruling elite members. Leaders sometimes resort to authoritarian rule if they fear losing power or governing authority. It can also be used in corrupt government dealings or to reward supporters.

The Rule of Law protects against the tyranny of the majority by protecting the rights of the minority. The founders intentionally built-in protections that would ensure the rules applied to all, regardless of status, background, or condition. Details of the U.S. Constitution clearly illustrate the Rule of Law.

Rule of Law in the U.S. Constitution

The framers of the Constitution created many features that ensured the Rule of Law is a guiding principle and featured in the U.S. government.

• An independent judiciary was created.

• Federalism: The federal government shares powers with the states.

• Checks and balances protect against abuse.

• Separation of powers between branches of government.

• Impeachment of top officials can occur.

• Impeachment as a process is shared by House/Senate and Supreme Court.

• All civil officers of the federal government are covered under the scope of impeachment.

• Jury trials (except impeachment) are in states where the crimes were committed reinforcing federalism.

• The 6th amendment requires a speedy trial with a jury of peers.

• The 5th amendment ensures citizens can't be tried twice for the same crime.

• The 4th amendment mandates all searches occur with a warrant to provide for public safety and limit abuse by governing authorities.

Fig. 3: U.S. Constitution

Examples of the Rule of Law

The rule of law can be noted in all levels of the 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 of the Rule of Law

In the Federalist Papers, John Jay, James Madison, 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.

Recent Example of the Rule of Law

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 build 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 of the Rule of Law

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, the 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.