The Rule of Law
A Fundamental Feature of Responsible Government

https://www.humantruth.info/rule_of_law.html

By Vexen Crabtree 2024

#democracy #good_governance #government #law #politics #prejudice #rule_of_law

Laws must be clear, predictable, understandable by citizens, non-arbitrary and most importantly, they must apply to everyone equally₁_,₂. This is a requirement of good governance₃ and must be a part of national culture₄. It is easy to create accidental skew - for example - the concept of fixed penalty fines are meaningless for the rich and a deterrent that impacts the poor disproportionately. Equality under law means that penalties should be scaled to wealth. There must not be exemptions from law for particular ethnic groups, religions₅ nor societal castes. This is difficult when the ultra-wealthy, for example, find it easy to undermine tax requirements through complex evasive techniques, or, when the powerful conduct crimes indirectly. The rule of law, therefore, requires diligence and caution, with governmental task-forces created to focus on problematic areas of inequality. No-one should be above the law₆.

1. The Rule of Law

#good_governance #law #rule_of_law #secularism #USA

The concept of the rule of law, sometimes called equality under law, first arose in the classical era of the Roman Republic and was so deeply linked with that culture that even "until the early twentieth century, lawyers had to be well versed in Latin"₇ in order to study the topic. In "Sword and Scales: An Examination of the Relationship Between Law and Politics" by Martin Loughlin (2000)₂, it's mentioned on the very first page. The Economist (2008)₃ adds the argument that it also creates and boosts growth. It means that rulers create laws, and the laws apply to all people regardless of station, wealth, religion, beliefs, heritage or stature. The more power you have, the greater the scope for abuse, and so the more strictly this needs to be applied. no-one is above the law₆.

The concept of the Rule of Law is well-known enough that almost all sides of political disputes claim to be able to improve it₄. Although, extremist and strong-man parties often seek exceptions for their own figureheads, which is the beginning of the process of enabling tyranny and dictatorships.

Historical issues can often mean that individual groups need - or end up with - some exemptions. For example, the USA formed around its native indigenous population, and as a result, in the name of fairness, there are some protective laws in place. This is because in that circumstance, equality of law would impose injustice, and those specific laws attempt to partially address a segment of that. Such targeted laws must be scrutinized carefully, and their utility clearly articulated in terms of preventing abuse and preventing inequality. The number of exemptions for singled-out groups must be absolutely minimal, and if at all possible, phased-out over time according to a slow and predictable timetable.

As part of equality and neutrality, laws should be secular - not biased against specific religious groups, and not favouring specific religious groups₈.

The law is only good for all, if it's not the playground of the empowered. It requires skill to protect citizen rights, and those skills can't be exclusively accessed by elites. Therefore:

“For these requirements to be enforceable, the judiciary has to be institutionally independent of both executive and legislature [... and] there also has to be extensive public provision of legal aid, if citizens are not to be denied access to the law or legal representation because of poverty.”
"Democracy: A Beginner's Guide" by Beetham, David (2005)₆

2. Predictability, Non-Arbitrary and Non-Retrospective

The predictability of law is linked to its non-arbitrary nature, and therefore generates a requirement of being non-retrospective₁. Citizens must be able to live legally, without finding themselves surprised by unexpected and unpredictable illegalities. Therefore, changes to law must be public, explained, and announced in advance.

Laws cannot be arbitrary. There must be rationality behind them - logic - so that the purpose of the law is clear, and its effect is in line with sensible principles. Arbitrary rules are often created by powerful politicians to permit their own behaviour, as favours to particular friends or industries, or for other selfish motives. Therefore, arbitrary judgements are a symptom of corruption and poor governance.

Retrospective laws destroy the principle of Rule of Law. They occur when a new law comes into force, and then, prosecutions are brought against individuals for historical actions occurring from before the change in law was announced. To do so breaks the predictability of law, and removes the easy to understand element: it becomes impossible for citizens to intentionally follow the law, if some current actions become illegal, and they are suddenly culpable for them. The correct way to proceed is to announce a law in advance and state a date at which it will begin to be effective.

3. Other Feature of Good Governance

Liberty must be protected by law and by civil society. Liberty on its own leads to a reduction in basic freedoms as communities fall foul to bullies, prejudice and intolerance₉. Laws need to enforce minimum standards of behaviour.

“Liberty alone, however, cannot serve as the overriding value of social life or the sole end of political association. [...] Individual liberty readily degenerates into license and social atomization.”
"Universal Human Rights in Theory and Practice" by Jack Donnelly (2013)₉

Here are the many other things a good government will seek to protect or create: