The principle was also discussed by Montesquieu in L`Esprit des lois (1748). [29] The term «rule of law» appears in Samuel Johnson`s Dictionary (1755). [30] 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] This article contains the text of a work of free content. Licensed under CC BY-SA License Statement/Permission. Text from Strengthening the Rule of Law through Education: A Guide for Policymakers, 63, UNESCO. To learn how to add open license text to Wikipedia articles, please read this instruction page. For more information on reusing Wikipedia text, see the Terms of Use. Justice Wood`s observations underscore the need, first, for an open and transparent system of laws and, second, for laws to be applied in a predictable and consistent manner. Openness and transparency are essential.
If people are unable to know and understand what the law is, they cannot be expected to obey it. At the same time, people deserve to know why a certain law was passed and why they are being asked to follow it. Some modern scholars argue that the rule of law has been corroded over the past century by the instrumental conception of law promoted by right-wing realists such as Oliver Wendell Holmes and Roscoe Pound. For example, Brian Tamanaha states, «The rule of law is an age-old ideal, but the idea that law is a means to an end only became consolidated in the nineteenth and twentieth centuries.» [56] Law and order are central to the general understanding of the rule of law. Most citizens of weak states see law and order as perhaps the most important asset of the rule of law. Law and order are essential to protect the lives and property of citizens – indeed, it is an important means of protecting the human rights of the poor and marginalized, who often face the greatest threat of social insecurity. With this ultimate goal, the rule of law is often opposed either to anarchy or to a vigilant form of justice in which citizens do not trust the state to punish wrongdoers and redress injustice, but take justice into their own hands and use violence to impose social order. [59] However, the rule of law is also much greater. The relevance of the rule of law and the understanding of its concepts have their origins in the Magna Carta, and the Rule of Law Education Centre uses the Rule of Law Wheel to initiate a discussion on the question «What is the rule of law?» Id., p. 85 («Means must be provided to resolve, without prohibitive expense or undue delay, bona fide civil disputes that the parties themselves cannot resolve . »). Without an independent legal profession, there is no guarantee that just laws and the protection of human rights will be enforced.
An independent judiciary cannot do this alone. Indeed, it could be argued that an independent judiciary will not exist without an independent bar association. Five «elements» of the rule of law serve the purpose of law: In China, members of the school of legalism in the 3rd century BC advocated the use of law as an instrument of government, but they promoted the «rule of 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 mission of the American Bar Association Rule of Law Initiative is to promote justice, economic opportunity, and human dignity through the rule of law. Learn how ABA is advancing the rule of law around the world through the Rule of Law Initiative (ROLI). This principle, which is contained in the United Nations.