Difference between revisions of "Rule of law"

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'''Rule of law''' is a basic [[conservative]] principle of governance by laws, not men. Rule of law requires fidelity and adherence to rational, objective laws, and respect for their plain meaning, rather than arbitrary rule by personal whim. Generally, countries with a higher level of rule of law have a higher level of economic output compared to those countries with a lower level of rule of law.
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'''Rule of law''' is the principle that every individual is subject to the law, including the law makers. ''Black's Law Dictionary'' defines it as, "the supremacy of regular as opposed to arbitrary power." According to Judge Richard Posner, “The rule of law means that judges decide cases ‘without respect of persons,’ that is, without considering the social status, attractiveness, etc. of the parties or their lawyers.”<ref>"[http://volokh.com/2011/02/24/errors-and-oddities-on-the-u-s-citizenship-test/ Errors and Oddities on the U.S. Citizenship Test]"</ref>
  
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The U.S. Citizenship Test asks what is the “rule of law”. There are four acceptable answers: “Everyone must follow the law”; “Leaders must obey the law”; “Government must obey the law”; “No one is above the law.” Judge Richard Posner wrote “These are all incorrect. The rule of law means that judges decide cases ‘without respect of persons,’ that is, without considering the social status, attractiveness, etc. of the parties or their lawyers.”[http://volokh.com/2011/02/24/errors-and-oddities-on-the-u-s-citizenship-test/]
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Rule of law is a rebuke to rulers who argue that they are exempt from the law from due to divine right or other rationale. The concept was familiar to ancient philosophers such as [[Aristotle]], who wrote "Law should govern".<ref>Aristotle,Politics 3.16</ref>
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The ''Magna Carta'' of 1215 established the principle that the king of England is subject to the law. The phrase "rule of law" is found in a petition to King James I submitted by parliament in 1610.<ref>Hallam, Henry. ''The Constitutional History of England'', Volume 1, page 441 (1827).</ref> In 1644, Samuel Rutherford give the principle theoretical foundation in the book ''Lex, Rex: The Law is King''.
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==References==
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<references/>
  
 
[[Category:Republicanism]]
 
[[Category:Republicanism]]

Revision as of 08:25, July 8, 2014

Rule of law is the principle that every individual is subject to the law, including the law makers. Black's Law Dictionary defines it as, "the supremacy of regular as opposed to arbitrary power." According to Judge Richard Posner, “The rule of law means that judges decide cases ‘without respect of persons,’ that is, without considering the social status, attractiveness, etc. of the parties or their lawyers.”[1]

Rule of law is a rebuke to rulers who argue that they are exempt from the law from due to divine right or other rationale. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern".[2]

The Magna Carta of 1215 established the principle that the king of England is subject to the law. The phrase "rule of law" is found in a petition to King James I submitted by parliament in 1610.[3] In 1644, Samuel Rutherford give the principle theoretical foundation in the book Lex, Rex: The Law is King.

References

  1. ↑ "Errors and Oddities on the U.S. Citizenship Test"
  2. ↑ Aristotle,Politics 3.16
  3. ↑ Hallam, Henry. The Constitutional History of England, Volume 1, page 441 (1827).
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