Legal Definitions - rule of law

The rule of law is a fundamental principle in which all individuals and institutions, including the government itself, are accountable to laws that are publicly known, fairly applied, and independently enforced. It means that no one is above the law, and legal decisions are made based on established legal principles rather than arbitrary power or personal discretion. This ensures predictability, fairness, and justice within a society.

• Example 1: Government Accountability

  A city council member is accused of accepting bribes in exchange for approving a zoning change. Despite their position of authority, a prosecutor initiates a criminal investigation, and the council member is subsequently charged and tried in court under the same anti-corruption laws that apply to any citizen. The judicial process proceeds without political interference.

  This demonstrates the rule of law because it shows that even high-ranking government officials are not exempt from legal scrutiny and consequences. Their actions are judged against the same established laws that apply to ordinary citizens, preventing arbitrary power and ensuring accountability.

• Example 2: Equality Before the Law in Business

  Two businesses, one a large national chain and the other a small family-owned shop, both face similar allegations of violating local health and safety regulations. When inspectors find violations, both businesses are issued the same type of citations and are subject to the same penalties and appeal processes, regardless of their size or economic influence.

  This illustrates the rule of law by showing that legal principles are applied consistently and equally. Neither business receives preferential treatment due to its size or power, and the enforcement of regulations is based on established legal standards, providing fairness and predictability in the business environment.

• Example 3: Protection of Individual Rights

  A citizen receives a notice that a new highway project will require the government to acquire a portion of their private land. The citizen believes the compensation offered is unfairly low. They are able to challenge the government's valuation in an independent court, relying on specific laws and constitutional protections that guarantee fair market value and due process. The court then assesses the government's actions against these established legal standards.

  This exemplifies the rule of law because it ensures that individual rights, such as property rights, are protected by law and not subject to the arbitrary will of the government. Citizens have a legal avenue to challenge governmental actions, and the government must justify its actions based on existing laws and legal procedures, reinforcing the idea that everyone, including the state, is subject to the law.