The International Rule of Law Network (INPROL) is a network of more than 3,000 legal practitioners from 120 countries and 300 organizations working on rule of law issues in post-conflict and developing countries from a policy, practical and research perspective. INPROL is based at the United States Institute of Peace (USIP) in cooperation with the International Bureau of Narcotic Control and Narcotics of the United States Department of State, the Strategic Police Issues Unit of the Organization for Security and Cooperation in Europe (OSCE), the Unit of the Centre of Excellence for Police Stability and the William and Marry School of Law of the United States. [86] Affiliates include the United Nations Office on Drugs and Crime, the Folke Bernadotte Academy, the International Bar Association, the International Association of Chiefs of Police, the International Association of Police Women, the International Association of Corrections and Corrections Affairs, the International Court Administration Association, the International Security Sector Advisory Team of the Centre for democratic control of Geneva`s health. Armed Forces, World Association of Women Forensic Experts (WAWFE) and International Institute for Law and Human Rights. The rule of law means that every citizen is subject to the law. This is contrary to the idea that the sovereign is above the law, for example by divine right. Elizabeth Cady Stanton`s quote also highlights another important aspect of the rule of law. People must be asked to obey the laws they can and will obey. When laws are impossible or even difficult to follow, citizens` respect for the law begins to erode. www.americanbar.org/groups/public_education/resources/rule-of-law/ others, such as Richard Epstein (2011:10), accept that “the rule of law . a concept distinct from private property.” Nevertheless, they believe that a contingent link can be established between the rule of law and private property by showing that the forms of regulation that concern defenders of private property tend to be forms of regulation that prohibit the rule of law, even with a stricter conception. The rule of law can be impeded if there is a discrepancy between legal consensus and public consensus.
Intellectual property is one example. Under the auspices of the World Intellectual Property Organization, theoretically strict copyright laws have been introduced in most parts of the world. But because the attitude of a large part of the population does not comply with these laws, a rebellion against property rights has manifested itself in endemic piracy, including an increase in peer-to-peer file sharing. [96] Similarly, tax evasion is common in Russia and a person who admits not to pay tax is not condemned or criticized by colleagues and friends because the tax regime is considered unreasonable. [97] Corruption also has different normative implications in different cultures. [90] What does this old document have to do with the rule of law? A lot. He recognizes that a person`s fate should not be in the hands of a single individual – in this case the king. It requires that a judgment be rendered against a person in accordance with the law. Magna Carta laid the foundation for the concept of due process as it developed first in England and then in the United States. Due process means that everyone has the right to a fair and impartial hearing to determine their legal rights. The idea of the rule of law has been around for a long time. Many societies, including our own, have institutions and procedures in place to try to make the rule of law a reality.
These institutions and procedures have helped define what constitutes the rule of law and what is necessary to achieve it. Consequently, by insisting that positive law was subject to this substantive constraint, Locke subjected the legislature to a discipline of uncertainty. Since natural property rights were contested, the administration of any substantial restriction in that direction had to be controversial. And because the substantial restriction was supposed to affect the validity of positive law (Locke 1689: § 135), the effect would be that some people—say, those who disagreed with Locke on labor`s claims to occupation—would disagree with him about which positive property rules are valid and which are not. John Locke, in the second of his two treatises on government (1689), emphasized the importance of governance by “permanent laws established, promulgated, and known to the people.” He opposed this to domination by “temporary arbitrary decrees” (Locke 1689: §§ 135-7). Now, the term “arbitrary” can mean many different things. Sometimes it means “oppressive.” But when Locke distinguished the rule of established laws from arbitrary decrees, it was not the oppressive feeling of “arbitrariness” that he had in mind. In this context, something is arbitrary because it is temporary: there is no notice of that; The sovereign simply discovers it while he is participating. It is the arbitrariness of the unpredictability of not knowing what one can count on, of being submissive, as Locke said (1689: § 137), of being subject to someone. In China, members of the school of legalism in the 3rd century BC advocated the use of law as an instrument of governance, but they promoted “the state by law” as opposed to the “rule of law,” meaning they placed aristocrats and the emperor above the law.
[15] In contrast, the Taoist Huang Lao school rejected legal positivism in favor of a natural law to which even the ruler would be subject. [16] The International Development Law Organization (IDLO) is an intergovernmental organization focused on promoting the rule of law and development. It strives to empower individuals and communities to claim their rights and provides governments with the know-how to make them a reality. [82] It helps emerging and middle-income countries strengthen their legal capacity and rule of law framework for sustainable development and economic opportunity. [83] It is the only intergovernmental organization with an exclusive rule of law mandate and has worked in more than 170 countries around the world. [84] The Statute of the Council of Europe qualifies the rule of law as one of the fundamental principles on which the creation of the organisation is based. Paragraph 3 of the preamble to the Statute of the Council of Europe states: “Reaffirming their attachment to the spiritual and moral values which are the common heritage of their peoples and the true source of individual freedom, political freedom and the rule of law, principles which constitute the foundation of any genuine democracy”. The Statute establishes respect for the principles of the rule of law as a precondition for full membership of European states. [68] www.unglobalcompact.org/what-is-gc/our-work/governance/rule-law education plays an important role in promoting the rule of law and a culture of lawlessness. Essentially, it provides an important protective function in strengthening learners` abilities to cope with and overcome life`s difficult situations. Young people can make an important contribution to a culture of legitimacy, and governments can provide educational support that promotes positive values and attitudes in future generations.
[98] (1) The first element is the ability of laws, standards or principles to guide people in the conduct of their affairs. People must be able to understand and respect the law. (2) The second element of the rule of law is efficiency. The law was supposed to guide people, at least for the most part. In the words of Joseph Raz, “people should be governed by the law and obey it.” (3) The third element is stability. The legislation should be reasonably stable to facilitate planning and coordinated action over time. (4) The fourth element of the rule of law is the primacy of legal power. The law should govern both civil servants, including judges, and ordinary citizens.