Finally, it should be noted that this article is not intended to examine in detail the rule of law or to analyse whether the two countries comply with the rule of law and its requirements, if any. This has been done (more or less) in previous research.19 However, Section 5 provides an example and makes some concluding remarks on the importance of the perspective chosen to measure and compare different outcomes. The main purpose of this article is to create understanding, as the rule of law can be seen as part of a country`s legal culture. The objective of this article is to research and understand the concept of the rule of law as it exists in both countries by systematizing previous research and applying it to a new context. The author does not claim to present the correct understanding of the rule of law in China, Sweden or any other country or jurisdiction, but rather how it is perceived and understood from the perspective of a European scientist. In addition, the study of the Swedish rule of law has shown how variable and dynamic the concept is, leading to greater awareness and shaping the lens of one`s glasses. The aim is to research and understand the rule of law in both countries. This reinforces the concept that all citizens are committed to the rule of law. «The rule of law is a fundamental principle that ensures that Australians are governed by laws enacted by their elected representatives that reflect the rule of law. This requires that laws be treated fairly and equitably. The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the Member States in a society where pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men prevail.
B.Z. Tamanaha (No. 1) (2007) 2-3. In other publications, a formal and substantive approach to the rule of law is described; see for example B. Tamanaha (n 1) (2004) 91–113 and E.O. Wennerström (n 1) 76–84. See, for example, T. Bingham, The Rule of Law (Penguin Books, 2011); B.Z. Tamanaha, On the Rule of Law – History, Politics, Theory (Cambridge, 2004); B.Z. Tamanaha, `A concise guide to the rule of law`, in: N. Walker, G.
Palombella (eds.) St. John`s Legal Studies Research paper No. 07-0082 (Hart Publishing, 2007) 2, verfügbar unter: ssrn.com/abstract=1012051; K. Blasek, Rule of Law in China: A Comparative Approach (Springer, 2015) 9; R. Peerenboom, `Varieties of rule of law – An introduction and provisional conclusion` dans: R. Peerenboom, (éd.) Asian Discourses of Rule of Law (Taylor & Francis Group, 2004) 1; J. Husa, « Developing legal system, legal transplants, and path dependence: Reflections on the rule of law », The Chinese Journal of Comparative Law 6(2) (2018) ; World Justice Project (WJP) Rule of Law Index 2020, (en ligne), (bezeichnet als wjp 2020) 9 f.; M. Salter, « Der liberale Rechtsstaat als kritischer Maßstab für China? Explaining some contradictions », Global Journal of Comparative Law 5 (2016) 5–44 ; VN, « Résolution angenommen von der Generalversammlung am 24. Septembre 2012 Distr: général 30 nov 2012, a/res/67/1; und P. Pistone et al., Fundamentals of Taxation: An Introduction to Tax Policy, Tax Law and Tax Administration (ibfd, 2019) 28. For an overview of the rule of law and the different organizations, as well as the differences in the conceptions of different countries (the British, American, German and French conceptions), see E.O.
Wennerström, The Rule of Law and the European Union (Iustus, 2007) 22-76. The second form, equality before the law, also aims to prevent undue discrimination. Frändberg believes that this is more difficult to achieve, as there are sometimes reasons to distinguish between different categories of people in order to organise social life, etc.78 A reference to EU law and fundamental freedoms may illustrate this. National regulation could discriminate against non-residents, but this discriminatory rule could also be justified.79 The third form, equality by law, is a means of achieving a certain degree of equality in society at large and is not considered part of the value of the rule of law.80 This English document had a strong influence on the development of the Rule concept. and influenced the U.S. Constitution. In case law, a distinction is usually made between narrow and broad definitions, also known as thin and thick notions of the rule of law.27 The narrow definition focuses on both formal and instrumental aspects, meaning that the content of the law is irrelevant. For example, the narrow definition does not require democracy or the protection of human rights.
The rule of law is therefore necessary, but not sufficient, for a fair and equitable legal system.28 The rule of law has been motivated by dissatisfaction with government interference in the work of the judiciary and previous decisions (Great Leap Forward, Cultural Revolution) that have created problems for citizens.