Buy an essay: What Is the Rule of Law and Why Does It Exist?

Policy-makers, politicians, economists and lawyers use words “rule of law”; in this way they characterize the type of legal – political regime. Due to globalization that is increasing with every year almost all developing countries are trying to prioritize their policy agendas to support the rule of law.
It is difficult to define the “rule of law” in spite of the fact that the term is used often. Among different definitions we can find following: the rule of law is the government of law, but no men. What does it mean? Are not different laws made by people? Is it not up to everybody to decide whether to follow the law or not in everyday life? How could it be that the rule of law exists independently from those people who create, live and interpret it?
The rule of law in other words is a “legal maxim” that proclaimed following: no human being immune to law. The definition started being used in17-th century. Nevertheless, the concept was known in Ancient Greece. Ancient philosopher Aristotle put it in following way: “law should govern”.
The rule of law was put in the opposite to the statement that there is the sovereign (rex lex) who is above the law, that was a feature of some legal systems (for example Roman Law). There is one way to be free from the rule of law: to prove that an enactment has no the required attributes of law.
There are two main conceptions of the rule of law that should be identified; first is “thin” (in other words, formalist) definition; second is “thick” (or substantive) definition. First definition cannot make a judgment of justness of law proper; it defines just the particular procedural attributes; these attributes must be a part of the legal framework for it not to be in contradiction with the rule of law. Second conception goes different way and includes some substantive right that is based on the rule of law.
The rule of law has some element that it is important to mention here. Let us mention these elements according to the book “The Morality of Law” by Fuller, 2007. There are eight elements that proved to be necessary for a society that is trying to institute the rule of law.
• “1. Laws must be published.
• 2. Laws must exist and those laws should be obeyed by all, including government officials.
• 3. Laws should be written with reasonable clarity to avoid unfair enforcement
• 4. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
• 5. Law must not command the impossible
• 6. Law must avoid contradictions.
• 7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.
• 8. Official action should be consistent with the declared rule” (Fuller, 2007).
It is easy to understand all eight statements above when they are standing separately; nevertheless, in it is not easy to implement all of them in real life. Why it happens? Governments often should prioritize one aim over another aim. It is necessary for resolving different conflicts according to the political choice of a society. The following example can explain it. Let us imagine that government published too many different laws with different details numerous specifics. It will make the legal system inflexible. As a result, judiciary could disregard the human element in each separate case.
Talking of the rule of law, we need to mention some additional limits of it. First, often law is incapable of providing certain behavior standards. Thus it causes appearance of unpredictable applications in law. According to opinion of some rule of the law critics, state that rules are indefinite and it is impossible for them to protect a person within a borders of personal freedoms. Nobody can ever be sure that his or her freedoms are justified or that his or her actions are legitimate. The rule f law could be disconnected from general notion of fairness or justice; it is one more reason why the rule of law is criticized. And finally, some critics state that the rule of law is often tolerant toward to definitely unjust rules. The unjust rules critics talk about are believed to undercut the theoretical justification of law; they mean promotion of restrained government and liberty by it.
We can understand now why an individual might express no interest in the rule of law. Governments and critics are arguing about it for a long time. Also there are many unclear point of the rule of law; thus some people cannot be sure whether the rule of law can help them and protect or it could turn against them. Nevertheless, government and different special services are on their way to improvement the law because they know: law was created firstly to protect a person from unjust.
Shortly summarizing different facts and information in the project, we can see following: first of all, the rule of law has no precise definition, thus, the meaning of the rule can various in different legal traditions and nations. But generally it is possible to define the rule of law as a legal-political regime and law restricts a government under it by creating predictability and order in the functions of a country and by promotion different liberties as well. According to the basic meaning the rule of law is a system that is trying to protect the rights of people form and abusive and arbitrary use of power of a government.
In conclusion it is necessary to say that different attempts of agreement on a precise definition of the rule of law failed. It proves that presently it is a very complicated theory. The rule of law is believed to embody politics and democracy ideals. It means that law’s cooperation with history, culture, language and social structure will help in deep understanding of the theory. It is important to know that the rule of law is more than just a set of rules and judicial applications. As the most advocated theory in studies the rule of law is a matter of international politics, policymaking and institutional development as well.

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