The old concept of the rule of law can be distinguished from the rule of law, according to political science professor Li Shuguang: « The difference. is that the law is of paramount importance in the context of the rule of law and can serve as a control against abuses of power. According to the law, the law is a mere tool for a government that oppresses legalistically. [41] The International Development Law Organization has a holistic definition of the rule of law: a concept in relation to five (different) « objectives » of the rule of law: Despite these fundamental characteristics, however, there has never been a generally accepted or even systematic formulation of the rule of law (but not for lack of attempts by lawyers and political philosophers). The idea that the law should contribute to beneficial ways of channelling and restricting the exercise of public power can be interpreted in different ways; These differences are particularly evident over time and between different communities. Five « elements » of the rule of law serve the purpose of the law: Magna Carta: Basis of the Rule of Law Worksheet An important aspect of rule of law initiatives is the study and analysis of the impact of the rule of law on economic development. The rule of law movement cannot fully succeed in transition and developing countries without an answer to the question: is the rule of law important for economic development or not? [87] Constitutional economics is the study of the compatibility of economic and financial decisions within existing constitutional frameworks, and such a framework includes public spending on the judicial system, which in many transition and developing countries is fully controlled by the executive. It is useful to distinguish the two methods of corruption of the judiciary: corruption by the executive, as opposed to corruption by private actors. The rule of law is defined in the Oxford English Dictionary as « [t]he authority and influence of law in society, particularly when seen as a constraint on individual and institutional behaviour; (hence the principle that all members of a society (including those who are part of the government) are also subject to publicly disclosed jurisdictions and processes. [ 2] The term rule of law is closely linked to constitutionalism and the rule of law and refers to a political situation, not a specific rule of law. [3] [4] [5] Researchers continue to debate whether the U.S.
Constitution has adopted a particular interpretation of the « rule of law » and, if so, which one. For example, John Harrison argues that the word « law » is defined in the Constitution simply as what is legally binding rather than being « defined by formal or substantive criteria, » and that judges therefore have no discretion to decide that laws do not meet such unwritten and vague criteria. [54] Law professor Frederick Mark Gedicks disagrees, writing that Cicero, Augustine, Thomas Aquinas, and the authors of the U.S. Constitution believed that an unjust law was not a law at all. [55] Constitutional economic standards can be applied during the annual budgetary procedure and, if this budgetary planning is transparent, the rule of law can benefit from them. The availability of an effective judicial system that can be used by civil society in situations of unjust public spending and the confiscation of funds pre-approved by the executive is a key element of the success of the rule of law. [88] Some modern scholars argue that the rule of law has been undermined over the past century by the instrumental view of the law advocated by legal realists such as Oliver Wendell Holmes and Roscoe Pound. For example, Brian Tamanah asserts, « The rule of law is a centuries-old ideal, but the idea that the law is a means to an end has only solidified over the course of the nineteenth and twentieth centuries. » [56] The rule of law implies that everyone is subject to the law, including legislators, law enforcement officers and judges. [8] In this sense, it contrasts with tyranny or oligarchy, where rulers are above the law. Kenyans are gullible in their flogging of some of us who defend the rule of law. They forgot that Fred Matiang`i, Gordon Kihalangwa and Joseph Boinnet violated Article 10 and Chapter 6, were found guilty and fined. All three are still in public charge! The rule of law is particularly important for influencing the economic development of developing countries and countries with economies in transition.
So far, the term « rule of law » has been used mainly in English-speaking countries, and even with regard to established democracies such as Sweden, Denmark, France, Germany or Japan, it has not yet been fully clarified. A common language between common law lawyers and civil law countries, as well as between the legal communities of developed and developing countries, is crucial for studying the links between the rule of law and the real economy. [89] Another popular topic: the maintenance of the rule of law […].