Throughout history, the Rule of Law has been one of the most important ideals in political tradition. It demands that government operate within a legal framework, and that citizens respect legal norms. It also demands that government be accountable for any actions that are unauthorized. In addition, the Rule of Law demands that government be accountable to the people it serves.
The concept of the Rule of Law is often interpreted as a way of defining the rights and obligations of individuals and groups. It is one of the ideals of liberal political morality, along with economic freedom, democracy, and social justice. However, the precise definition of law has long been debated.
Law is a set of rules that regulates human behavior and is enforced by governmental and social institutions. These institutions may be referred to as courts, social organizations, or civil society. Some of these institutions are private, while others are public. The legal system can be divided into three broad categories: civil law, common law, and legislative statutes. Each legal system serves different purposes, and it is important to recognize that some systems are better suited for these purposes than others.
During the early modern period, philosophers and theorists were arguing about the rule of law. John Austin, for example, described law as a means of defining threats to the sovereign. Aristotle also argued that law was different from a rule of men. He contrasted law with a rule of men, arguing that the laws of men can be changed by man, whereas the laws of law are not. In the modern era, arguments about the Rule of Law continued through European Enlightenment and the American constitutionalism movement.
The concept of “natural law” also emerged, as part of a theory of justice. Its earliest roots are in ancient Greek philosophy. It became a concept that re-entered mainstream culture through the writings of Thomas Aquinas and John Austin. It acts as a source of further law through reasoning by analogy and consensus.
In some cases, law may be a means of protecting individuals against majorities, and in other cases, it can serve as a means of keeping peace in a nation. In both cases, law can also serve to preserve individual rights and order social change. It can also be used as a shelter from power, providing a framework to people that may not be familiar with the legal system.
A common example of the Rule of Law is the impartial application of a clearly drafted statute. However, the debate continues about whether official discretion is a legitimate form of government. There are some legal philosophers who insist that the Rule of Law is separate from democracy, and others who insist that it is part of democracy.
Some legal systems, such as the common law, are more complicated and require a more extensive judicial decision-making process. Other systems, such as the civil law system, are less elaborate. While these systems may have less judicial decisions, they often include a doctrine of precedent, which means that judicial decisions from higher courts bind lower courts.
