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Topic: Rule of law

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In the News (Thu 18 Apr 19)

  Rule of law - Wikipedia, the free encyclopedia
However, the "rule of law" is considered a pre-requisite for democracy, and as such, has served as a common basis for human rights discourse between countries such as the People's Republic of China and the West.
The concept of impartial rule of law is found in the Chinese political philosophy of Legalism, but the totalitarian nature of the regime that this produced had a profound effect on Chinese political thought which at least rhetorically emphasized personal moral relations over impersonal legal ones.
In the People's Republic of China the discourse around rule of law centers on the notion that laws ultimately enhance the power of the state and the nation, which is why the Chinese government adopts the principle of rule by law rather than rule of law.
en.wikipedia.org /wiki/Rule_of_law   (1025 words)

 What is Rule of Law   (Site not responding. Last check: 2007-10-21)
Under rule of law, the authority of law does not depend so much on law's instrumental capabilities, but on its degree of autonomy, that is, the degree to which law is distinct and separate from other normative structures such as politics and religion.
Rule of law as a constraint on government power is well recognized, but its cognitive value in enhancing government's rationality is often less understood.
However, rule of law as a constraint on government arbitrariness might have provided a strong institutional and cultural support for the birth of liberalism in England, whose core teachings included the doctrine of limited government and the right of revolution.
www.oycf.org /Perspectives/5_043000/what_is_rule_of_law.htm   (3508 words)

 Rule of Law versus Unlimited Rule
In 1780, the Massachusetts Bill of Rights stated as its goal the establishment of a “government of laws and not of men.” John Phillip Reid, in his unrecognized classic 1986 study, noted, “It is sometimes assumed by legal scholars that law was command during the era of the American Revolution, but that is an error.
The rule of law is a recognition of the government’s obligation to the citizenry.
A law is simply a reflection of the momentary perception of self-interest by a majority of a legislative body.
www.fff.org /freedom/fd0302d.asp   (1242 words)

 Don Singleton: Rule of Law
The rule of law has long provided that such domestic decisions are generally made by competent spouses, as opposed to parents, elected officials, popular referendum, or the demands of Randall Terry.
LectLaw says Rules of law are general maxims, formed by the courts, who having observed what is common to many particular cases, announce this conformity by a maxim, which is called a rule; because in doubtful and unforeseen cases, it is a rule for their decision; it embraces particular cases within general principles.
Answers.com says Rule of law is an authoritative legal doctrine, principle, or precept applied to the facts of an appropriate case (as in adopting the rule of law that is most persuasive in light of precedent, reason and policy), and it is adherence to due process of law
donsingleton.blogspot.com /2005/03/rule-of-law.html   (1218 words)

 News and Reports - The Rule of Law   (Site not responding. Last check: 2007-10-21)
If the rule of law means that we are bound to the laws of properly elected legislators irrespective of any higher standard by which to judge those laws, then we have simply exchanged the will of autonomous judges for the will of autonomous lawmakers — one cruel master for another.
If the rule of law requires a written law that all can consult, then this must apply to both the laws of the state and the higher law upon which these laws are to be based.
Although under the rule of law all are subject to the law, it is still the case that the ultimate power belongs to those who make the law (either directly or through elected representatives) and not to the law itself; law is not sovereign, but, rather, law is the will of the sovereign.
www.visionforumministries.org /sections/hotcon/ht/interposition/2005-03-29_einwechter.asp   (1279 words)

That assertion of the rule of law was made by a colonial Chief Justice, in a remote part of the British Empire, writing some 50 years before A. Dicey.
Migration Act 1958 (Cth), or the common law, as in an application to a Supreme Court for a prerogative writ against a lower court or administrator amenable to such a writ, the essence of what is involved is to compel those invested with governmental power to exercise such power according to law.
  The concept of laws as rules of general application, capable of being known in advance by citizens who may exercise choice, and order their affairs, accordingly, is part of the idea of the rule of law.
www.hcourt.gov.au /speeches/cj/cj_ruleoflaw.htm   (6096 words)

 Rule of Law Threats - Unpublished Nonopinions and Inherent Power Sanctions
Rule of law and due process are the bedrock upon which all American liberty and justice are based.
At that time, all court rulings always had an opinion written with it explaining the law as it applied to the decision made by the court and detailing the reasons upon which the judgment was based.
LOCAL RULE 47.6 This rule permits a case to be decided by a simple "Affirmed." The statistics regarding the utilization of Local Rule 47.6 are deceiving however.
www.rule-of-law.info   (1852 words)

 What Is Democracy? - The Rule of Law
The citizens of a democracy submit to the law because they recognize that, however indirectly, they are submitting to themselves as makers of the law.
Every state must have the power to maintain order and punish criminal acts, but the rules and procedures by which the state enforces its laws must be public and explicit, not secret, arbitrary, or subject to political manipulation by the state.
The constitution of the country is the supreme law of the land, and all citizens, prime ministers to peasants alike, are subject to its provisions.
usinfo.state.gov /products/pubs/whatsdem/whatdm4.htm   (1279 words)

 Foreign Affairs - The Rule of Law Revival - Thomas Carothers   (Site not responding. Last check: 2007-10-21)
Imparting the rule of law to a society with no history of it involves changing the attitudes of masses and elites and creating a political culture in which nobody is above the law.
The rule of law promises to move countries past the first, relatively easy phase of political and economic liberalization to a deeper level of reform.
The rule of law can be defined as a system in which the laws are public knowledge, are clear in meaning, and apply equally to...
www.foreignaffairs.org /19980301faessay1377/thomas-carothers/the-rule-of-law-revival.html   (761 words)

 Threats to the Rule of Law in America by Walter Williams -- Capitalism Magazine   (Site not responding. Last check: 2007-10-21)
Rule of law refers to freedom of contract and enforcement of contracts, protection of private property, stability of laws, a requirement that all persons, private individuals and government officials are subject to the same laws, and most importantly, limitation of the authority of government.
Another part of rule of law is simply the stability of laws.
Another increasingly prevalent violation of the rule of law is seen in companies using government to overturn lost competitive advantages in the market.
www.capmag.com /article.asp?id=1694   (697 words)

 OpinionJournal - Extra
For democracy, without the rule of law to uphold the wishes of the electorate, is worthless, as the history of the past half-century has shown again and again in Africa, Latin America and Asia.
Hence when the infant American republic came to draw up its constitution, the framers were very conscious that they were upholding and reinforcing a system of government "of laws, not men," and that their task was to establish, for all time and in written form, a constitution that guaranteed the rule of law.
Thus, first in Britain then in the U.S., the rule of law was firmly and permanently established by the 19th century, During the last century of the millennium, attempts have been made to transplant the rule of law to other territories, within Europe and outside it, with varying degrees of success.
www.opinionjournal.com /extra?id=65000285   (1658 words)

 [No title]
You hear the Rule of Law mentioned in editorials or in the commentary of newscasters, but who explains what it is? You may have heard it said of America, "Ours is a nation of laws.
America was born with seeds of success in her dedication to the Rule of Law and principles of due process.
The Rule of Law is threatened today by seemingly innocent schemes of powerful people who seek to undermine the principles of due process for the sake of a global economy and its all-powerful government that will decree what law is and enforce its edicts with unbridled force.
www.jurisdictionary.com /rule_of_law.htm   (1311 words)

 The Fiction and Tyranny of "Administrative Law"
Otherwise, the thought seems to be, whether stated openly in the law or not, that no one has a right to engage in certain actions, mainly business activities, without government, especially federal, licensing permission, and that this permission may then be granted under whatever conditions the government decides to grant it.
The FDA ruled, not only that the new factory would have to be inspected, but that the device itself would have to be recertified for safety and effectiveness.
Defendants before an administrative law judge are not protected by due process, the presumption of innocence, trial by jury, or any other barrier built around criminal or civil law; for "administrative law," betwixt and between the judiciary and the executive, is in effect neither criminal nor civil law.
www.friesian.com /fiction.htm   (3400 words)

 Rule of Law: U.S. Institute of Peace
Rule of Law staff organizes a meeting in Edinburgh, Scotland, to discuss serious crimes in transitional and postconflict situations.
The Rule of Law Program, one of the Centers of Innovation and headed by Associate Vice President Neil Kritz, builds upon and refines principles on the rule of law articulated by various international bodies and provides practical guidance for their implementation.
Deputy Director of the Rule of Law program, Colette Rausch, and Vivienne O'Connor of the Irish Centre for Humana Rights presented the Model Codes Project at a side event of the United Nations Commission on Crime Prevention and Criminal Justice in Vienna, Austria, on April 26.
www.usip.org /ruleoflaw   (338 words)

 Establishing the Rule of Law in Iraq: Special Reports: Publications: U.S. Institute of Peace
In hindsight, we should have put the establishment of rule of law first, for everything else depends on it: a functioning economy, a free and fair political system, the development of civil society, and public confidence in police and courts.
The exclusion of mililtary and law enforcement personnel from the jurisdiction of the regular courts and the use of extra-judicial courts to hear security cases has severely limited the role of the regular judicial system.
Establishing the rule of law will require a two-track process, involving: (1) administering justice for past atrocities and ridding the Iraqi government of those implicated in the abuses of the regime, and (2) rebuilding the justice system to establish law and order and protect the rights of all Iraqis.
www.usip.org /pubs/specialreports/sr104.html   (9596 words)

 Natural Law and the Rule of Law by David Forte   (Site not responding. Last check: 2007-10-21)
In particular, judges who claim that the written law is the touchstone of their legal authority assert that it is the best protection against judicial usurpation and judicial activism.
A judge operating under the norms of natural law is more respectful of his limitations under positive law than even a positivist is. A positivist must acknowledge that the will is the authenticator of the law.
And in that, both judicial restraint and the rule of law are truly maintained.
www.ashbrook.org /publicat/onprin/v4n2/forte.html   (1399 words)

 Rule Of Law The Judicial Amendment Coalition, Inc.
The Constitution of the United States, by its very existence, implies that we are to be governed by the "rule of law" rather than the whims of men.
It is the body of law established by the Constitution that protects us both from the tyranny of democracy and the formation of a tyrannical government.
The "rule of law" demands a judiciary which is politically neutral and true to the letter of the law, not the whims of politicians!
www.judicialamendment.com /RuleOfLaw.html   (298 words)

 Rule of law - INQ7.net   (Site not responding. Last check: 2007-10-21)
In this country, patriotism is not the last refuge of scoundrels, law is. You look at the way the impeachment process is being mugged by the creatures that are pleased to call themselves representatives (representatives of what?) and ask yourself if that can remotely conjure the idea of rule of law.
Elsewhere, the rule of law defines president as someone who won in the elections, not as someone who tampered with the elections.
In fact, the rule of law is as incompatible to the rule of Ms Arroyo as oil and water, angels and demons, Caesar's wife and Mike Arroyo's wife.
news.inq7.net /opinion/index.php?index=2&story_id=48650&col=77   (1130 words)

 De Novo: Rule of Law
It’s sometimes used rhetorically to argue that one’s opponent is relying on the letter but not the spirit of the law, or that a theory advocates some result that appears to be outside the law’s purpose, even if it’s within the law’s mandate.
So the rule of law certainly doesn’t depend on the first kind of technicality—which I doubt Will Baude meant to argue—and I’d even suggest that it doesn’t absolutely depend on the second type, either, at least with respect to non-constitutional technicalities.
One of the problems is that 'rule of law' is a hazier term than 'technicality.' And I say that as someone who's got an exam on it in under four weeks...
www.blogdenovo.org /archives/000207.html   (828 words)

 Fiedor: State of the Union, 1998
And, because ignorance of the law is not an acceptable defense, this is law that all Americans are required to know and obey.
For, when the volume of law enacted by government far exceeds the ability of the governed to comprehend, there is, in effect, no law.
Because the Rule of Law is dead, the Constitution is no longer the law of the land.
www.uhuh.com /reports/headsup/state98.htm   (10893 words)

 PJ BlogJams: Let's Kill All The Lawyers?: The Rule of Law in the 21st Century
The deep story is "the rule of law." When we discussed organizing a panel on "the rule of law" David Corn dropped me a note that said "Who's against it?" The "aginners" are out there, but they're not on this panel.
I think strengthening civil society increases securoty, and the rule of law is a critical part of strong civil society.
Rule of law, work ethic, public service ethic, trust in people beyond your kin and clan -- all of these need fostering.
blogjam.pajamasmedia.com /archives/2005/12/lets_kill_all_the_lawyers_the.php   (5173 words)

 USAID Democracy and Governance: Technical Areas: Rule of Law
The term "rule of law" embodies the basic principles of equal treatment of all people before the law, fairness, and both constitutional and actual guarantees of basic human rights.
In many states with weak or newly-emerging democratic traditions, existing laws are not fair or are not fairly applied, judicial independence is compromised, individual and minority rights are not truly guaranteed, and institutions have not yet developed the capacity to administer existing laws.
Without the rule of law, the executive and legislative branches of government operate without checks and balances, free and fair elections are not possible, and civil society cannot flourish.
www.usaid.gov /our_work/democracy_and_governance/technical_areas/rule_of_law   (301 words)

 Rule of Law
The rule of law is a foundation for both our liberties and for order.
This rule can catch other documents that one might not consider wills, such as a document in which a creditor purports to forgive loans on the creditor's death.
However, this rule does not apply if it is apparent from your will that you intend for your spouse to take the gift even after a divorce.
rulelaw.blogspot.com   (2002 words)

 The Constitution and the Rule of Law
Although Americans, for example, continue to operate under the delusion that they live in a free-enterprise nation, for the last sixty years they have traveled the same moral, philosophical, and economic mad as their enemies — the road to the welfare-state, regulated-economy way of life — the road to serfdom.
Instead, the Constitution was a law — a higher law — imposed on the officials of the national government to prevent them from interfering with preexisting rights.
As Hayek explains, the rule of law means that people do not have to answer to the arbitrary decisions of governmental officials; instead, they guide their actions by what is prohibited by a clearly defined law.
www.fff.org /freedom/0892a.asp   (1369 words)

 FindLaw's Writ - Hamilton: The Rule of Law
FindLaw's Writ - Hamilton: The Rule of Law
Rather, those two historic decisions paid homage to the rule of law, cementing the long-held rule that religious individuals are subject to the rule of law just as much as anyone else.
Marci A. Hamilton is the Paul R. Verkuil Chair in Public Law at the Benjamin N. Cardozo School of Law, Yeshiva University.
writ.news.findlaw.com /hamilton/20031023.html   (1773 words)

 Rule of Law - National Constitution Center   (Site not responding. Last check: 2007-10-21)
The Framers considered the rule of law essential to the safekeeping of social order and civil liberties.
The rule of law holds that if our relationships with each other and with the state are governed by a set of rules, rather than by a group of individuals, we are less likely to fall victim to authoritarian rule.
The rule of law calls for both individuals and the government to submit to the law's supremacy.
www.constitutioncenter.org /explore/BasicGoverningPrinciples/RuleofLaw.shtml   (120 words)

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