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rule of law Reference library
The Oxford Companion to Philosophy (2 ed.)
... of law . A system of governmental behaviour and authority that is constrained by law and the respect for law, in contrast to despotic rule. States respecting the rule of law typically divide the powers of government among separate branches; entrench civil liberties (notably, due process of law and equal protection of the law) behind constitutional walls; and provide for the orderly transfer of political power through fair elections. All versions of political liberalism stress the importance of the rule of law. Elements of the idea are at least as old as...
rule of law Reference library
Dictionary of the Social Sciences
... of law The principle that power should be exercised according to mutually understood rules and procedures that are applicable to all members of a polity, including officers of the state. The rule of law requires an independent judiciary capable of enforcing laws against even the highest-ranking agents of the state. For this reason, it is closely associated in the Western political tradition with the doctrine of the separation of powers . Although the rule of law is not limited to democracy , it is an important condition for it and thus plays a large part...
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A Dictionary of Law (9 ed.)
...rule of law 1. The supremacy of law. 2. A feature attributed to the UK constitution by Professor Dicey ( Law of the Constitution , 1885 ). It embodied three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary law administered by the ordinary courts; and the fact that the citizen’s personal freedoms are formulated and protected by the ordinary law rather than by abstract constitutional...
rule of law Quick reference
A Dictionary of Law Enforcement (2 ed.)
... of law 1 The supremacy of law. 2 A feature attributed to the UK constitution by Professor Dicey ( Law of the Constitution , 1885). It embodied three concepts: the absolute predominance of regular law, so that the government has no arbitrary authority over the citizen; the equal subjection of all (including officials) to the ordinary law administered by the ordinary courts; and the fact that the citizen's personal freedoms are formulated and protected by the ordinary law rather than by abstract constitutional...
Rule of law Reference library
Oxford Companion to Australian Politics
... and Tom Round Further reading Gleeson, Murray (2000), The Rule of Law and the Constitution Neal, David , The Rule of Law in a Penal Colony (1991) Raz, Joseph (1977), ‘ The Rule of law and its virtue ’, in Law Quarterly Review 93, 195–211 Robertson, Geoffrey (1999), The Justice Game Sampford, Charles (2004), ‘Reconceiving the rule of law for a globalised world’, in Spencer Zifcak (ed.), Globalisation and the Rule of Law Walker, Geoffrey de Q. (1988), The Rule of Law: Foundation of Constitutional...
Rule of law Reference library
The Oxford Companion to the High Court of Australia
...is reflective of the sense in which the rule of law is contrasted with the rule of persons, seen as particular forms of arbitrary rule or anarchy (no rule). Such defences of the rule of law do not mean that its pursuit will guarantee the moral worth of laws—only that it should be respected in any just society. The value to be accorded to the Court's contribution to the furtherance of the rule of law in Australia is thus a matter of substance. However, exactly how the Court's contribution might be evaluated is unclear. Particular areas of law would each need...
Rule of Law Reference library
The Oxford International Encyclopedia of Legal History
... of Law . The rule of law refers to a constellation of ideals and practices based on the assumption that a healthy legal system subordinates the interests of ruling elites to law. Aristotle's dictum in favor of a government of laws over rule by sage kings remains the locus classicus for rule of law theory: “The rule of law … is preferable to that of any individual. On the same principle, even if it be better for certain individuals to govern, they should be made only guardians and ministers of the law” ( Politics , 3.16). The rule of law is usually identified...
rule of law Quick reference
The Oxford Dictionary of Philosophy (3 ed.)
... of law It is widely, and rightly, regarded as desirable to live under the rule of law, rather than living subject to the arbitrary will and decisions of a despot, or despotic government. In a natural law setting this contrast is easy to understand, since the natural or divine law has a quite different pedigree from human directives. It is not so straightforward once it is realized that in the real world it is not ‘law’ as an abstraction, but people, who make laws and exercise coercive power over those who break them. However, it remains possible to...
rule of law Reference library
The New Oxford Companion to Law
...It is the duty of an independent judiciary to construe the words of a statute, so far as possible, in accordance with settled principles of the general law. Even a majority of elected representatives should govern in the interest of all; if their purposes are benign their enactments will make no arbitrary distinctions between different groups of citizens. Trevor Allan B Z Tamanaha , On the Rule of Law: History, Politics, Theory (Cambridge: Cambridge University Press, 2004) T S Allan , Constitutional Justice: A Liberal Theory of the Rule of Law (Oxford:...
rule of law Reference library
Australian Law Dictionary (3 ed.)
...concept of the rule of law. Other institutional features of a liberal rule of law include an independent judiciary; judicial review of administrative action; procedural fairness in judicial and administrative proceedings; reasonable access for citizens to legal process; and a culture in which citizens and officials are both willing and expected to abide by the law. The historical origins of the concept of the rule of law may be traced to the ancient Greek philosophers Plato and Aristotle, who distinguished a society subject to the rule of law from one...
RULE OF LAW Reference library
Philippe Raynaud
Dictionary of Untranslatables: A Philosophical Lexicon
...criticisms of the state bear, on the one hand, on its liberal component, and on the other, on the theory of self-limitation. In addition, the difficulty of translating the notion of the rule of law into English is linked historically to the weakness of administrative law in England. II. The Criticisms of the Rule of Law As it originated in the project of providing a liberal rationalization of the state, the notion of the rule of law was the object of various criticisms, many of which are antiliberal or antidemocratic, but some of which are, on the...
Rule of Law Reference library
David A. SONNENFELD
Berkshire Encyclopedia of Sustainability
...in the information age: The contours of informational governance . New York: Cambridge University Press. Ocko, Jonathan K. , & Gilmartin, David . (2009). State, sovereignty, and the people: A comparison of the “rule of law” in China and India. Journal of Asian Studies , 68 (1), 55–133. Peerenboom, Randall . (2002). China’s long march toward rule of law . Cambridge, UK: Cambridge University Press. Peerenboom, Randall . (Ed.). (2004). Asian discourses of rule of law: Theories and implementation of rule of law in twelve Asian countries, France and...
Rule of Law (Africa) Reference library
Catherine P. MacKENZIE
Berkshire Encyclopedia of Sustainability
... Rule of Law (Africa) The rule of law, in its most basic form, is the principle that no one is above the law. It follows that law applies equally to everyone and that state authority may be exercised only in accordance with due process. Laws safeguard individuals against abuses, which may arise from the exercise of unrestrained power and from arbitrary governance. The rule of law is premised on the existence of a transparent legal system, key components of which are an independent judiciary, a legislative body that follows a clearly defined...
Rule of Law (European Union) Reference library
Rosalind MALCOLM
Berkshire Encyclopedia of Sustainability
... Rule of Law (European Union) The key objective of the European Union ( EU ) is the establishment of a single market, and one of the mechanisms for achieving and maintaining this objective is the harmonization of laws across the member states. Environmental law is one of the areas where the European Union has competence to legislate. It seeks not only to harmonize existing laws, but has been markedly proactive in driving forward the environmental laws and policy of all the member states. Institutional Structure of the EU The European Union is rare...
governance and the rule of law in developing countries Reference library
The New Oxford Companion to Law
...the rule of law, and development. It is suggested that authoritarian Asian ‘development states’ have been able to achieve rapid economic development without the aid of democracy and the rule of law. In fact, a strong argument was made by Singapore's Lee KuanYew and others for ‘Asian values’ which placed emphasis on Confucian ‘responsibilities’ of citizens in contradistinction to supposedly ‘Western’ notions of rule of law, which emphasize human rights. The opposing argument is that development has been achieved in spite of rather than because of the...
The Judiciary and the Rule of Law in Africa Reference library
Charlotte Heyl
The Oxford Encyclopedia of African Politics
...of conducive factors for judicial independence. The Rule of Law and Democracy Rule of law is a prominent term in the literature on democratization and economic development, but it means different things to different authors and is therefore a strongly contested concept ( Møller & Skaaning, 2012 , pp. 136–137; Morlino, 2010 , p. 40). Møller and Skaaning undertook a mapping of the term’s different meanings and arrived at four dimensions of prevailing rule of law concepts. The first dimension refers to the most minimalist definition of the rule of law,...
Due Process, Rule of Law, and Habeas Corpus Reference library
Encyclopedia of Human Rights
...Rule of Law, and Habeas Corpus The rule of law requires governments to conduct themselves in accordance with their national and international legal obligations. The rule of law incorporates principles of due process, fair procedure, and equality in the administration of justice. One particularly significant attribute of fair procedure is the availability of habeas corpus or a similar petition for redress. The rule of law, due process, habeas corpus, and related criminal justice standards have been specified in the national constitutions and statutes of most...
Transitions to Democracy and Rule of Law Reference library
Encyclopedia of Human Rights
...to Democracy and Rule of Law Societies that are undergoing dramatic political, social, and economic transformations frequently experience severe human rights violations. Improving human rights practices and records in transition societies should be a priority issue for both domestic reformers and international actors involved in the transition process. This makes sense not only because of the intrinsic value of improved human rights protection, but also because of the indirect effects that such improvements have on democratization, economic...
rules of law Reference library
Australian Law Dictionary (3 ed.)
...rules of law ( laws ) The law in the sense of its specific rules, found in the Constitution, in Acts of Parliament made under the Constitution (federal or state) and in the subordinate rules of delegated legislation , and in the judge-made rules of the common law ( case law ). Cf rule of law...
