Introduction to The Rule of Law, Perspectives and Differences

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Introduction

Conceptual structure of the “Rule of Law” refers to the ideals of the political morality and the ascendancy of law in a system of governance. This notion is mingled with human rights and other factors affecting democracy. Its increasing tendency may lead us to a conceptual mistake among the “Rule of Law”, “A Rule of Law” and the “Rule by Law”. This article attempts to make their boundaries and its practical functions clear as an introduction

Conceptual Paradox

Rule of Law and A Rule of Law

The phrase of “the Rule of Law” has to be distinguished from the phrase of “a rule of law”. The latter phrase is used to designate some particular legal rule like the rule against perpetuities or the rule that says we have to file our taxes by a certain date. The Rule of Law contains a number of principles of a formal and procedural character. Such formal principles, meanwhile, concern the generality, clarity, publicity and stability of the norms governing a society. They refer the norms administered, and the institutions like courts and an independent judiciary that their administration requires

Rule of Law and Rule by Law

Some theorists make a distinction between the Rule of Law and what they call rule by law. Rule by law connotes the instrumental use of law as a tool of political power. It means that the state uses law to control its citizens but never tries to allow law to be used to control the state. The Rule of Law, in contrast, is supposed to lift law above politics. The idea is that the law should stand above every powerful a person and agency in the land

The Rule of Law and the Concept of Law

The concept of law could be understood to embrace the fundamental elements of legality, though this identification looks less plausible the more substantive the conception of the Rule of Law is held to be. On this account, a system of governance doesn’t count as law unless it exhibits the characteristic forms and processes that we associate with legality. Otherwise, we lose our sense of the institutional distinctiveness of law as a way of ruling a society.

The Importance of Debate

All citizens and organizations including the government and NGOs are subject to and accountable to the law. Such conceptual structure has been extracted from the necessity of education for all. People must be justified that the law is clear, known, and enforced. They should have a precise comprehension about law. In addition, the Rule of Law prepares the Court system as an independent organization and resolves disputes in a fair and public manner. This approach has been described in the attitude of fair judicial principles in advance. In this concept, all persons are constitutionally presumed innocent until proven otherwise by a Court. This fundamental rule has been recognized in the Universal Human Rights Declaration. Some rules have been deducted from this principle. No person shall be arbitrarily arrested, imprisoned, or deprived of their property, for example. Consequently, punishment must be determined by a court and be proportionate to the offence as deducted from  constitutional law. As a result, it can be claimed formally that the rule of law is more than simply the government and citizens knowing and obeying the law. It involves other concepts, such as checks and balances on the use of government power, the independence of the judiciary, the presumption of innocence, access to justice, and the right to a fair trial as mentioned above

Universal Criteria for Rule of Law

The spinal criteria of the rule of law can capture attention to a durable system of laws, institutions, norms, and community commitments. International movement to justify this attitude refers four pillars as necessary factors to the highiest practical purposes. As written in academic resources, the government as well as private actors must be designed to reach accountability. They believe the laws should be clear, publicized, and stable. Laws and regulations are expected to be applied evenly and they must protect fundamental rights including the security of persons and contracts, properties, and human rights. Meanwhile, they should be planned fully accountable under the law. The third factor is nominated as Open Government. It means conceptually the processes has been structured in a status where the laws are enacted, administered, and enforced accessibly, fairly, and efficiently. They are not enough to reach the suitable stage designed by international instruments. The community needs an accessible justice. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible. There is no way-out unless it contains adequate resources to serve host communities. These four universal principles constitute a working definition of the rule of law. They were developed in accordance with internationally accepted standards and norms

Functions and Practical Examples

The rule of law notion has been organized by eight primary factors: Constraints on Government Powers, Absence of Corruption, Open Government, Fundamental Rights, Order and Security, Regulatory Enforcement, Civil Justice, and Criminal Justice. Political situation, the role of power, legal constitutional elements and cultural factors are to affect this theory

This principle creates a level playing field and ensures equality. The Rule of Law requires criminal laws and regulations to be enforced in a uniform way. It means that special measures are needed to give some suspects, for example, a fair chance to present a defense. Non-nationals also may need interpretation and children may need additional support so that they can participate effectively in the trial. To complete its mission, legal professions apply the right to a fair trial. It is applied when impartial and independent courts are at the heart of this right. It ensures that those deciding whether a person has committed a criminal offence are neutral and are making a fair assessment of the facts. As a result, the courts themselves must be created by and subject to the law to ensure independence and prevent arbitrariness

The right to a fair trial cannot meet all real needs of the host society. As a result, legal academics think about how they will be enabled to minimize mistakes, while no justice system always produces the right outcome. Therefore, all persons must have the right of appeal to a higher court, for example. This is needed to redress injustice and to uphold society’s faith in the integrity of the justice system. It is cited as a fundamental item to ensure consistency, fairness and uniform interpretation of the law

Finally, justice must not only be done, it must also be seen to be done. This is one reason why people are entitled to a public hearing. Open Justice enables the public to see how justice is administered and by subjecting it to the public and the press carefully, respecting safeguards of the fairness of a trial. This is also why people are entitled to a reasoned judgment made public. Open Justice, meanwhile, requires people to be informed of the reasons for their arrest and any pretrial detention. They must also be given information on their rights as a suspect. People should be told what they are being prosecuted for and shown the evidence against them, in a language they understand

Conclusion

Perhaps, the rule of law attracts public and academic attention nationally, regionally and internationally. All inter-state organizations and NGOs are struggling to increase people’s preconscious and their resilience. The rule of law is mingling with sustainable development day by day. Undoubtedly, no developed countries will be recognized, unless the criteria of this notion have been observed constitutionally. It is a must to improve the public comprehension as well as their awareness about their roles and responsibility as a good citizen recognized and approved by global bases of human rights and the rule of law