Legal Definitions - government of laws

Government of Laws

The principle of a "government of laws" means that a nation's government and all its officials, including those in power, must operate strictly according to established, consistent legal rules and procedures, rather than based on their personal desires, political interests, or arbitrary decisions. It ensures that everyone, from the highest leader to the ordinary citizen, is subject to the same legal framework. This doctrine also requires that judicial decisions are made impartially, based solely on the law, without regard for the identity or character of the people involved in a case, or the personal opinions of the judge.

• Example 1: Public Infrastructure Project

  Imagine a city government decides it needs to build a new public park. Instead of simply taking private land, the city must follow specific legal procedures, such as conducting environmental impact assessments, holding public hearings, and offering fair market value compensation to landowners whose property might be acquired through eminent domain. Even if the mayor wants the park built quickly, they cannot bypass these legal steps.

  This illustrates the "government of laws" because the city government, despite its authority and desire for a public good, is bound by established legal principles and procedures (like eminent domain laws and public consultation requirements) rather than acting arbitrarily or solely on the interests of those in power.

• Example 2: Impartial Judicial Ruling

  Consider a judge presiding over a lawsuit where a well-known celebrity is suing a small, unknown business owner. Even if the judge personally admires the celebrity or feels sympathy for the small business owner, their decision must be based strictly on the evidence presented, relevant statutes, and legal precedents. The judge cannot rule in favor of one party simply because of their fame, wealth, or the judge's personal feelings about them.

  This demonstrates the "government of laws" by showing that judicial decisions must be grounded in legal principles, independent of the litigants' status or the judge's personal biases, ensuring fairness and consistency under the law.

• Example 3: Legislative Process for New Laws

  A newly elected political party comes into power promising to enact a major new healthcare reform. Despite having a strong public mandate, they cannot simply declare the new policy to be law. They must follow the established legislative process: drafting a bill, introducing it to the legislature, undergoing committee review, debate, votes in both houses, and potentially presidential or gubernatorial approval, all according to constitutional and procedural rules.

  This exemplifies the "government of laws" because even a powerful new administration, with popular support, must adhere to the pre-existing legal framework and procedures for creating new laws, rather than imposing changes by executive fiat or personal will.