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The essence of the rule of law is that all people and institutions within a Body politic are subject to the same laws.Hobson, Charles. The Great Chief Justice: John Marshall and the Rule of Law, p. 57 (University Press of Kansas, 1996): according to John Marshall, "the framers of the Constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature." This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". According to Encyclopædia Britannica, it is defined as "the mechanism, process, institution, practice, or norm that supports the equality of all citizens before the law, secures a nonarbitrary form of government, and more generally prevents the arbitrary use of power."
Legal scholars have expanded the basic rule of law concept to encompass, first and foremost, a requirement that laws apply equally to everyone. "Formalists" add that the laws must be stable, accessible and clear. More recently, "substantivists" expand the concept to include rights, such as human rights, and compliance with international law.Hobson, Charles. The Great Chief Justice: John Marshall and the Rule of Law, p. 57 (University Press of Kansas, 1996): according to John Marshall, "the framers of the Constitution contemplated that instrument as a rule for the government of courts, as well as of the legislature.".
Use of the phrase can be traced to Tudor period. In the following century, Scottish theologian Samuel Rutherford employed it in arguing against the divine right of kings. John Locke wrote that freedom in society means being subject only to laws written by a legislature that apply to everyone, with a person being otherwise free from both governmental and private restrictions of liberty. The phrase "rule of law" was further popularized in the 19th century by British jurist A. V. Dicey. However, the principle, if not the phrase itself, was recognized by ancient thinkers. Aristotle wrote: "It is more proper that law should govern than any one of the citizens."
The term rule of law is closely related to constitutionalism as well as Rechtsstaat. It refers to a political situation, not to any specific legal rule. Distinct is the rule of man, where one person or group of persons rule arbitrarily. Paul. "Resisting the Rule of Men." . Louis ULJ 62 (2017): 333. "I will say that we have "the rule of men" or "personal rule" when those who wield the power of the state are not obliged to give reasons to those over whom that power is being wielded—from the standpoint of the ruled, the rulers may simply act on their brute desires."
Other sources for the philosophy of rule of law can be traced to the Upanishads which state that, "The law is the king of the kings. No one is higher than the law. Not even the king." Other commentaries include Chanakya's Arthashastra (4th-century BC), Manusmriti (dated to the 1st to 3rd century CE), Yajnavalkya-Smriti (dated between the 3rd and 5th century CE), Brihaspati Smriti (dated between 15 CE and 16 CE).
The idea of the rule of law can be regarded as a modern iteration of the ideas of ancient Greek philosophers, who argued that the best form of government was rule by the best men.David Clarke, " The many meanings of the rule of law " in Kanishka Jayasuriya, ed., Law, Capitalism and Power in Asia (New York: Routledge, 1998). Plato advocated a benevolent monarchy ruled by an idealized philosopher king, who was above the law. Plato nevertheless hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, is not far off; but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state."Cooper, John et al. , p. 1402 (Hackett Publishing, 1997). Similarly, Aristotle flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated the rule of law:
It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.
The Roman statesman Cicero is often cited as saying, roughly: "We are all servants of the laws in order to be free."In full: "The magistrates who administer the law, the judges who act as its spokesmen, all the rest of us who live as its servants, grant it our allegiance as a guarantee of our freedom." Original Latin: "Legum ministri magistratus, legum interpretes iudices, legum denique idcirco omnes servi sumus ut liberi esse possimus." During the Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was personally immune ( legibus solutus), but those with grievances could sue the treasury.
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference ... is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion."Tamanaha, Brian (2004). On the Rule of Law. Cambridge University Press. p. 3
In 1215, Archbishop Stephen Langton gathered the Barons in England and restricted the powers of King John and future sovereigns and magistrates under the rule of law, preserving ancient liberties by Magna Carta in return for exacting taxes. Magna Carta (1215) translation, British Library Magna Carta (1297) U.S. National Archives . The influence of Magna Carta ebbed and waned across centuries. The weakening of royal power it demonstrated was based more upon the instability presented by contested claims than thoughtful adherence to constitutional principles. Until 1534, the Church excommunicated people for violations, but after a time Magna Carta was simply replaced by other statutes considered binding upon the king to act according to "process of the law". Magna Carta's influence is considered greatly diminished by the reign of Henry VI, after the Wars of the Roses. The ideas contained in Magna Carta are widely considered to have influenced the United States Constitution.
The first known use of this English phrase occurred around 1500. Oxford English Dictionary (OED), " Rule of Law, n.", accessed 27 April 2013. According to the OED, this sentence from about 1500 was written by John Blount: "Lawes And constitutcions be ordeyned be cause the noysome Appetit of man maye be kepte vnder the Rewle of lawe by the wiche mankinde ys dewly enformed to lyue honestly." And this sentence from 1559 is attributed to William Bavand: "A Magistrate should..kepe rekenyng of all mennes behauiours, and to be carefull, least thei despisyng the rule of lawe, growe to a wilfulnes." Another early example of the phrase "rule of law" is found in a petition to James I of England in 1610, from the House of Commons:
Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government ...Henry Hallam. The Constitutional History of England, vol. 1, p. 441 (1827).
In 1607, English Chief Justice Sir Edward Coke said in the Case of Prohibitions "that the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King (James I) was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debet esse sub homine, sed sub Deo et lege (that the King ought not to be under any man but under God and the law.)."
Among the first modern authors to use the term and give the principle theoretical foundations was Samuel Rutherford in Lex, Rex (1644).Rutherford, Samuel. Lex, rex: the law and the prince, a dispute for the just prerogative of king and people, containing the reasons and causes of the defensive wars of the kingdom of Scotland, and of their expedition for the ayd and help of their brethren of England, p. 237 (1644): "The prince remaineth, even being a prince, a social creature, a man, as well as a king; one who must buy, sell, promise, contract, dispose: ergo, he is not regula regulans, but under rule of law ..." The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law"). James Harrington wrote in Oceana (1656), drawing principally on Aristotle's Politics, that among forms of government an "Empire of Laws, and not of Men" was preferable to an "Empire of Men, and not of Laws".
John Locke also discussed this issue in his Second Treatise of Government (1690):
The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in the commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it. Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature.Locke, John. Second Treatise of Civil Government, Ch. IV, sec. 22 (1690).
The principle was also discussed by Montesquieu in The Spirit of Law (1748).Tamanaha, Brian. On the Rule of Law, p. 47 (Cambridge University Press, 2004). The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755).Peacock, Anthony Arthur, Freedom and the rule of law, p. 24. 2010.
In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other."Lieberman, Jethro. A Practical Companion to the Constitution, p. 436 (University of California Press 2005). In 1780, John Adams enshrined this principle in Article VI of the Declaration of Rights in the Constitution of the Commonwealth of Massachusetts:
No man, nor corporation, or association of men, have any other title to obtain advantages, or particular and exclusive privileges, distinct from those of the community, than what arises from the consideration of services rendered to the public; and this title being in nature neither hereditary, nor transmissible to children, or descendants, or relations by blood, the idea of a man born a magistrate, lawgiver, or judge, is absurd and unnatural. , Part the First, Art. VI.
The term "rule of law" was popularised by British jurist A. V. Dicey, who viewed the rule of law in common law systems as comprising three principles. First, that government must follow the law that it makes; second, that no one is exempt from the operation of the law and that it applies equally to all; and third, that general rights emerge from particular cases decided by the courts.Albert Venn Dicey, Introduction to the Study of the Law of the Constitution, 5th ed (London: Macmillan and Co, 1897) at 175-84, cited in "Rule of Law", Centre for Constitutional Studies, July 4, 2019
The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world.
The authority and influence of law in society, esp. when viewed as a constraint on individual and institutional behaviour; (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.
Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion". In modern Jurisprudence, there are at least two principal conceptions of the rule of law: a legal formalism or "thin" definition, and a substantive or "Thick concept" 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, generally from more recent authors, go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law. One occasionally encounters a third "functional" conception.Tamanaha, Brian. "The Rule of Law for Everyone?", Current Legal Problems, vol. 55, via SSRN (2002).
The functional interpretation of the term rule of law contrasts the rule of law with the rule of man.Stephenson, Matthew. "Rule of Law as a Goal of Development Policy", World Bank Research (2008). According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". Upholding the rule of law can sometimes require the punishment of those who commit offenses that are justifiable under natural law but not statutory law. The rule of law is thus somewhat at odds with flexibility, even when flexibility may be preferable.
A 1977 article by Joseph Raz argued that the rule of law means that people should obey the law and be ruled by it.. Construed more narrowly, the rule of law would also mean that the government should be ruled by and subjected to the law. Following from Raz's general conception of the rule of law, he argued for the existence of two groups of principles of the rule of law: First, that the law is capable of guiding the behaviour of its subjects; second, that there exists an effective legal machinery that secures actual compliance with the rule of law.Raz, p. 202. The first group comprises principles such as the accessibility, clarity, and prospective nature of the law;Raz, pp. 198–199. the stability of the law;Raz, p. 199. and the compliance of lawmaking with "open, stable, clear and general rules" that create a stable framework,Raz, pp. 199–200. with such rules empowering authorities to make orders and providing guidelines for the exercise of such powers. The second group includes principles including judicial independence,Raz, pp. 200–201. natural justice,Raz, p. 201. judicial review, and limited administrative discretion.Raz, pp. 201–202. In Raz's view, one of the virtues of the rule of law is the restraint it imposes on authorities. It aims to exclude arbitrary power, as most of the exercises of arbitrary power violate the rule of law. Arbitrary power is excluded when courts hold themselves accountable only to the law and observe "fairly strict procedures". Another virtue is the protection it accords to individual freedom, namely, "the sense of freedom in which it is identified with an effective ability to choose between as many options as possible". Most importantly, to adhere to the rule of law is to respect human dignity by "treating humans as persons capable of planning and plotting their future".Raz, pp. 202–204.
Raz also identified some of the potential pitfalls of the rule of law. He opined that as the rule of law is designed "to minimise the harm to freedom and dignity which the law may cause in its pursuit of its goals however laudable these may be", the strict pursuit of the rule of law may prevent one from achieving certain social goals which may be preferable to the rule of law: "Sacrificing too many social goals on the altar of the rule of law may make the law barren and empty".Raz, p. 211.
Paul Craig, in analysing Dworkin's view, drew three conclusions. First, Dworkin rejects the need to distinguish between "legal" rules and a more complete political philosophy, since the rule of law is basically the theory of law and adjudication that he believes is correct. Secondly, the rule of law is not simply the thin or formal rule of law; the latter forms part of Dworkin's theory of law and adjudication. Thirdly, since taking a substantive view of the rule of law requires choosing what the best theory of justice is, it is necessary to articulate particular conceptions of what liberty, equality and other freedoms require..
In his book, "What Is the Rule of Law?" Lon Fuller rejects legal positivism, the idea that law is no higher than a particular authority, that the law is morally neutral, and he sets out a list of requirements to include in his definition of the rule of law.
In his book, "The rule of law" Tom Bingham further has requirements not only on how the laws must be handled, but also requirements that the laws must follow to include in his definition of the rule of law.
Studies have shown that weak rule of law (for example, discretionary regulatory enforcement) discourages investment. Economists have found, for example, that a rise in discretionary regulatory enforcement caused US firms to abandon international investments.
Constitutional economics is the study of the compatibility of economic and financial decisions within existing constitutional law frameworks. Aspects of constitutional frameworks relevant to both the rule of law and public economics include government spending on the judiciary, which, in many transitional and developing countries, is completely controlled by the executive. Additionally, judicial corruption may arise from both the executive branch and private actors. Standards of constitutional economics such as transparency can also be used during annual budget process for the benefit of the rule of law. Further, the availability of an effective court system in situations of unfair government spending and executive impoundment of previously authorized appropriations is a key element for the success of the rule of law.Peter Barenboim, "Defining the rules", The European Lawyer, Issue 90, October 2009
Nobel laureates Daron Acemoglu and James A. Robinson emphasize the importance of the rule of law for promoting inclusive institutions, which are key to sustained economic growth and prosperity by ensuring that laws apply equally to everyone, including elites and government officials.Acemoglu, Daron, and Robinson, James A, (Crown Business, 2012). The authors highlight historical examples, such as the French Revolution, where the rule of law helped dismantle absolutism and feudal privileges, paving the way for inclusive institutions. They also discuss how pluralistic political institutions are essential for the rule of law to thrive, as they create broad coalitions that support fairness and equality.
The rule of law can be hampered when there is a disconnect between legal and popular consensus. For example, under the auspices of the World Intellectual Property Organization, nominally strong copyright laws have been implemented throughout most of the world; but because the attitude of much of the population does not conform to these laws, a rebellion against ownership rights has manifested in rampant piracy, including an increase in peer-to-peer file sharing. Similarly, in Russia, tax evasion is common and a person who admits he does not pay taxes is not judged or criticized by his colleagues and friends, because the tax system is viewed as unreasonable. Bribery likewise has different normative implications across cultures.
Lapses in the rule of law can arise in conflict between two or more countries., original source: .
In France and Germany the concepts of rule of law ( Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities, particularly the legislature. France was one of the early pioneers of the ideas of the rule of law. (2025). 9780415326124, RoutledgeCurzon. ISBN 9780415326124 The German interpretation is more rigid but similar to that of France and the United Kingdom.
James Wilson said during the Philadelphia Convention in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, may be destructive; and yet not be so unconstitutional as to justify the Judges in refusing to give them effect." George Mason agreed that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as judges to give it a free course."Snowiss, Sylvia. Judicial Review and the Law of the Constitution, pp. 41–42 (Yale University Press 1990). Chief Justice John Marshall a similar position in 1827: "When its existence as law is denied, that existence cannot be proved by showing what are the qualities of a law." Ogden v. Saunders, . This was Marshall's only dissent in a constitutional case. The individualist anarchist Lysander Spooner later denounced Marshall for this part of his Ogden dissent. See These same issues were also discussed in an earlier U.S. Supreme Court case, Calder v. Bull, , with Justices James Iredell and Samuel Chase taking opposite positions. See Presser, Stephen. "Symposium: Samuel Chase: In Defense of the Rule of Law and Against the Jeffersonians", Vanderbilt Law Review, vol. 62, p. 349 (March 2009).
Scholars continue to debate whether the U.S. Constitution adopted a particular interpretation of the "rule of law", and if so, which one. For example, John Harrison asserts that the word "law" in the Constitution is simply defined as that which is legally binding, rather than being "defined by formal or substantive criteria", and therefore judges do not have discretion to decide that laws fail to satisfy such unwritten and vague criteria.Harrison, John. "Substantive Due Process and the Constitutional Text," Virginia Law Review, vol. 83, p. 493 (1997). Law professor Frederick Mark Gedicks disagrees, writing that Cicero, Augustine, Thomas Aquinas, and the framers of the U.S. Constitution believed that "an unjust law was not really a law at all".Gedicks, Frederick. "An Originalist Defense of Substantive Due Process: Magna Carta, Higher-Law Constitutionalism, and the Fifth Amendment", Emory Law Journal, vol. 58, pp. 585–673 (2009). See also Edlin, Douglas, " Judicial Review without a Constitution", Polity, vol. 38, pp. 345–368 (2006).
Some modern scholars contend that the rule of law has been corroded during the past century by the instrumental view of law promoted by legal realism such as Oliver Wendell Holmes and Roscoe Pound. For example, Brian Tamanaha asserts: "The rule of law is a centuries-old ideal, but the notion that law is a means to an end became entrenched only in the course of the nineteenth and twentieth centuries."Tamanaha, Brian. How an Instrumental View of Law Corrodes the Rule of Law, twelfth annual Clifford Symposium on Tort Law and Social Policy.
Others argue that the rule of law has survived but was transformed to allow for the exercise of discretion by administrators. For much of American history, the dominant notion of the rule of law in administrative law has been some version of Dicey's, that is, individuals should be able to challenge an administrative order by bringing suit in a court of general jurisdiction. The increased number of administrative cases led to fears that excess judicial oversight over administrative decisions would overwhelm the courts and destroy the advantages of specialization that led to the creation of administrative agencies in the first place. By 1941, a compromise had emerged. If administrators adopted procedures that more or less tracked "the ordinary legal manner" of the courts, further review of the facts by "the ordinary Courts of the land" was unnecessary. Thus Dicey's rule of law was recast into a purely procedural form.Ernst, Daniel R. (2014). Tocqueville's Nightmare: The Administrative State Emerges in America, 1900–1940. Oxford University Press.
Numerous definitions of "rule of law" are used in United States governmental bodies. An organization's definition might depend on that organization's goal. For instance, military occupation or counterinsurgency campaigns may necessitate prioritising physical security over human rights. U.S. Army doctrine and U.S. Government (USG) interagency agreements might see the rule of law as a principle of governance: Outlines of different definitions are given in a JAG Corps handbook for judge advocates deployed with the US Army.
On July 1, 2024, in Trump v. United States, the Supreme Court held that presidents have absolute immunity for acts committed as president within their core constitutional purview, at least presumptive immunity for official acts within the outer perimeter of their official responsibility, and no immunity for unofficial acts. Legal scholars have warned of the negative impact of this decision on the status of rule of law in the United States. For example, Lempinen, Edward High court ruling on presidential immunity threatens the rule of law, scholars warn. Berkely News Prior to that, in 1973 and 2000 the Office of Legal Counsel within the Department of Justice issued opinions saying that a sitting president cannot be indicted or prosecuted, but it is constitutional to indict and try a former president for the same offenses for which the President was impeached by the House of Representatives and acquitted by the Senate under the . (2025). 9780451528810, Signet Classics. ISBN 9780451528810
Trump's second term has raised concerns among experts, including the American Bar Association, that the rule of law in the United States is seriously threatened. A particular point of concern is whether the administration will follow court orders.
In 1959, Roncarelli v Duplessis, the Supreme Court of Canada called the Rule of Law a "fundamental postulate" of the Canadian Constitution. According to Reference Re Secession of Quebec, it encompasses, "a sense of orderliness, of subjection to known legal rules and of executive accountability to legal authority." In Canadian law, it means that the relationship between the state and the individual must be regulated by law and that the Constitution binds all governments, both federal and provincial, including the executive. With the adoption of the Canadian Charter of Rights and Freedoms, the Canadian system of government was transformed to a significant extent from a system of Parliamentary supremacy to one of constitutional supremacy. The principle of the rule of law and constitutionalism is aided by acknowledging that the constitution is entrenched beyond simple majority rule. Reference Re Secession of Quebec,1998 2 SCR 217, at paras 70-78 However, the notwithstanding clause operates to provide a limited "legislative override" of certain fundamental freedoms contained in the Charter, and has been invoked at different times by provincial legislatures.
In Canadian administrative law, "all exercises of public authority must find their source in law. All decision-making powers have legal limits, derived from the enabling statute itself, the common or civil law or the Constitution. Judicial review is the means by which the courts supervise those who exercise statutory powers, to ensure that they do not overstep their legal authority. The function of judicial review is therefore to ensure the legality, the reasonableness and the fairness of the administrative process and its outcomes." Dunsmuir v New Brunswick, 2008 SCC 9 (CanLII), 2008 1 SCR 190, at para 28 Administrative decision makers must adopt a culture of justification and demonstrate that their exercise of delegated public power can be “justified to citizens in terms of rationality and fairness.” Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65, at para 14, citing the Rt. Hon. B. McLachlin, “The Roles of Administrative Tribunals and Courts in Maintaining the Rule of Law” (1998), 12 C.J.A.L.P. 171, at p. 174
Apart from a number of states and territories, across the continent there is a huge gulf between the rule of law rhetoric and reality. In Thailand, the police force is favor over the rich and corrupted. In Cambodia, judges are proxies for the ruling political party ... That a judge may harbor political prejudice or apply the law unevenly are the smallest worries for an ordinary criminal defendant in Asia. More likely ones are: Will the police fabricate the evidence? Will the prosecutor bother to show up? Will the judge fall asleep? Will I be poisoned in prison? Will my case be completed within a decade?Thi, Awzar. "Asia needs a new rule-of-law debate" , United Press International, UPIAsia.com (2008-08-14).
In countries such as China and Vietnam, the transition to a market economy has been a major factor in a move toward the rule of law, because the rule of law is important to foreign investors and to economic development. It remains unclear whether the rule of law in countries like China and Vietnam will be limited to commercial matters or will spill into other areas as well, and if so whether that spillover will enhance prospects for related values such as democracy and human rights.Peerenboom, Randall in Asian Discourses of Rule of Law, p. 39 (Routledge 2004).
Late Qing dynasty legal reforms unsuccessfully sought to implement Western legal principles including the rule of law and judicial independence. Judicial independence further decreased in the Republic of China under Chiang Kai-shek per the Kuomintang's policy of particization ( danghua), under which administrative judges were required to have "deep comprehension" of the KMT's principles.
After China's reform and opening-up, the Communist Party emphasized the rule of law as a basic strategy and method for state management of society. Jiang Zemin first called for establishing a socialist rule of law at the Fifteenth Party Congress in 1997. Despite the CCP's Document 9 arguing that Western values have corrupted many people's understanding of the rule of law, the CCP has simultaneously endorsed governing the country in accordance with the rule of law. These factors likely suggest that the CCP is creating a rule of law with Chinese characteristics, which may simply entail modifying the Western notion of rule of law to best match China's unique political, social, and historical conditions. As Document 9 suggests, the CCP does not see judicial independence, separation of power, or constitutional forms of governance as defined by Western society, as suiting China's unique form of governance. This unique version of the rule of law with Chinese characteristics has led to different attempts to define China's method of governing the country by rule of law domestically and internationally.
In his writings on socialist rule of law in China, Xi Jinping has emphasized traditional Chinese concepts including people as the root of the state ( mingben), "the ideal of no lawsuit" ( tianxia wusong), "respecting rite and stressing law" ( longli zhongfa), "virtue first, penalty second" ( dezhu xingfu), and "promoting virtue and being prudent in punishment" ( mingde shenfa). Xi states that the two fundamental aspects of the socialist rule of law are: that the political and legal organs (including courts, the police, and the procuratorate) must believe in the law and uphold the law; and all political and legal officials must follow the Communist Party.
target="_blank" rel="nofollow"> "For Activist Judges, Try India", Time Magazine (8 November 2006). others believe such actions are needed to safeguard the rule of law based on the Constitution as well as to preserve judicial independence, an important part of the basic structure doctrine.
a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
The General Assembly has considered rule of law an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions.See United Nations General Assembly Resolutions A/RES/61/39, A/RES/62/70, A/RES/63/128. The Security Council has held a number of thematic debates on the rule of law,See United Nations Security Council debates S/PRST/2003/15, S/PRST/2004/2, S/PRST/2004/32, S/PRST/2005/30, S/PRST/2006/28. and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security,See United Nations Security Council Resolutions 1325 and 1820. children in armed conflict,E.g. see United Nations Security Council Resolution 1612. and the protection of civilians in armed conflict.E.g. see United Nations Security Council Resolution 1674. The Peacebuilding Commission has also regularly addressed rule of law issues with respect to countries on its agenda. United Nations and the Rule of Law. The Vienna Declaration and Programme of Action also requires the rule of law be included in human rights education.Vienna Declaration and Programme of Action Part II, paragraph 79 Additionally, the Sustainable Development Goal 16, a component of the 2030 Agenda is aimed at promoting the rule of law at national and international levels.
In Our Common Agenda, the United Nations Secretary General wrote in paragraph 23: "In support of efforts to put people at the center of justice systems, I will promote a new vision for the rule of law, building on Sustainable Development Goal 16 and the 2012 Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels."
An independent, impartial judiciary; the presumption of innocence; the right to a fair and public trial without undue delay; a rational and proportionate approach to punishment; a strong and independent legal profession; strict protection of confidential communications between lawyer and client; equality of all before the law; these are all fundamental principles of the Rule of Law. Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel or degrading treatment or punishment; intimidation or corruption in the electoral process, are all unacceptable. The Rule of Law is the foundation of a civilised society. It establishes a transparent process accessible and equal to all. It ensures adherence to principles that both liberate and protect. The IBA calls upon all countries to respect these fundamental principles. It also calls upon its members to speak out in support of the Rule of Law within their respective communities.
The World Justice Project defines the rule of law as a durable system of laws, institutions, norms, and country commitment that uphold four universal principles:
Their flagship WJP Rule of Law Index, measures the extent to which 140 countries and jurisdictions adhere to the rule of law across eight dimensions: Constraints on Government Powers, Corruption, Open government, Human rights, Security, Enforcement, Civil Justice, and Criminal justice.
The International Development Law Organization has a holistic definition of the rule of law:
More than a matter of due process, the rule of law is an enabler of justice and development. The three notions are interdependent; when realized, they are mutually reinforcing. For IDLO, as much as a question of laws and procedure, the rule of law is a culture and daily practice. It is inseparable from equality, from access to justice and education, from access to health and the protection of the most vulnerable. It is crucial for the viability of communities and nations, and for the environment that sustains them.
target="_blank" rel="nofollow"> "The Rule of Law: Concept, Guiding Principle and Framework"
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