Rule of Law: Definition, Principles, Characteristics, Importance, Advantages, and Challenges

By Rogina Sherishta
Translated by Moatinoon

What is the Rule of Law?
The Rule of Law, also known as the Supremacy of Law, means that no one (including the government) is above the law, and the law applies to everyone.

The term Rule of Law is derived from the French phrase le principe de legalite, which means the principle of legality.

The Rule of Law is a legal principle that dictates that the law should govern a nation, not arbitrary decisions made by individual government officials.
According to Blacks Law Dictionary, the Rule of Law, also known as Rechtsstaat, states that decisions should be made by applying known principles or laws without the intervention of discretionary authority.

The Rule of Law is a process/practice that supports equality for all citizens before the law and prevents the arbitrary use of power/authority.
The Rule of Law is a set of principles or higher ideals to ensure an organized and just society.

There are three main elements of the Rule of Law:

Supremacy of Law
Equality before the Law
Dominance of Legal Spirit: Courts should be free from impartiality and external influence.
The Rule of Law ensures the protection of fundamental rights and provides avenues for access to justice for all.
The Rule of Law is a principle of governance where all individuals, institutions, and entities are accountable to laws and regulations.
The Rule of Law ensures equal enforcement of the law and independent decision-making for all.

According to the Rule of Law, the law should be:

Open and clear.
General in form.
Universal in application.
Known to all.
The Rule of Law, in its original sense, is an ideal, a goal, and something that must be pursued.
The Rule of Law is an integral element of humanitarian programs and human rights initiatives.
The Rule of Law is one of the key dimensions that define the quality and good governance of a country.

Principles of the Rule of Law:
According to the Global Justice Projects definition, the Rule of Law is a system that adheres to the following four principles. These principles are also known as the Four Universal Principles of the Rule of Law:

Accountability
The government, its officials, agents, as well as individuals and private entities are accountable under the law.

Just Laws
Laws are clear, publicized, stable, fair, and protect fundamental rights, including the security of persons and property.

Open Government
The process by which laws are enacted, administered, and enforced is accessible, fair, and efficient.

Access to Justice and Impartiality
Justice is delivered timely by competent, ethical, and independent representatives and neutrals.

Additional Principles of the Rule of Law:

No one is above the law.
Everyone is treated equally under the law.
Every person is subject to the same laws.
There are clear and fair processes for enforcing laws.
There is an independent judiciary, and human rights are guaranteed for all.
Characteristics of the Rule of Law:

Transparency.
Accountability.
Public participation in decision-making.
Fairness/justice in law enforcement.
Separation of powers.
Independent and impartial judiciary.
Legal certainty.
Avoidance of arbitrariness/unpredictability.
Predictable dispute resolution.
Factors of the Rule of Law:
According to the Global Justice Project, there are 8 factors of the Rule of Law:

Constraints on Government Powers.
Sub-factors:
1.1. Government powers are effectively limited by the legislature.
1.2. The judiciary effectively limits the governments powers.
1.3. Government powers are effectively limited through independent review and oversight.
1.4. Government officials are sanctioned for misconduct.
1.5. Government powers are subject to non-governmental oversight.
1.6. Transition of power is subject to the law.

Absence of Corruption.
Sub-factors:
2.1. Government officials in the executive do not use public office for private gain.
2.2. Government officials in the judiciary do not use public office for private gain.
2.3. Government officials in the police and military do not use public office for private gain.
2.4. Government officials in the legislature do not use public office for private gain.

Sub-factors:
3.1 Laws are declared, and government dates are made public.
3.2 The right to information.
3.3 Civil participation.
3.4 Complaint mechanisms.

Fundamental Rights
Sub-factors:
4.1 Equality before the law and absence of discrimination.
4.2 Right to life and personal security effectively guaranteed.
4.3 Due legal process and rights of the accused.
4.4 Freedom of opinion and expression effectively guaranteed.
4.5 Freedom of belief and religion effectively guaranteed.
4.6 Freedom from arbitrary interference in privacy effectively guaranteed.
4.7 Freedom of assembly and association effectively guaranteed.
4.8 Basic labor rights effectively guaranteed.

Order and Security
Sub-factors:
5.1 Effective crime prevention.
5.2 Limited civil conflict effectively.
5.3 No resort to violence to correct personal grievances.

Regulatory Enforcement
Sub-factors:
6.1 Government regulations are effectively enforced.
6.2 Government regulations are applied and enforced without improper influence.
6.3 Administrative procedures are conducted without undue delay.
6.4 Legal principles are observed in administrative proceedings.
6.5 The government does not expropriate without due process and appropriate compensation.

Civil Justice
Sub-factors:
7.1 People can access and afford civil justice.
7.2 Civil justice is free of discrimination.
7.3 Civil justice is free of corruption.
7.4 Civil justice is free of undue influence.
7.5 Civil adjudication is without unreasonable delay.
7.6 Civil justice is enforced effectively.
7.7 Alternative dispute resolution mechanisms are accessible, neutral, and effective.

Criminal Justice
Sub-factors:
8.1 Effective criminal investigation system.
8.2 Timely and effective criminal adjudication system.
8.3 Effective reformative system to prevent criminal behavior.
8.4 Impartial criminal justice system.
8.5 Corruption-free criminal justice system.
8.6 Criminal justice system free from undue influence.
8.7 Due legal process and rights of the accused.

Informal Justice:
This includes traditional, tribal, religious, and community-based systems for conflict resolution.
Sub-factors:
9.1 Informal justice is timely and effective.
9.2 Informal justice is neutral and free from improper influence.
9.3 Informal justice respects and protects fundamental rights.

Importance / Necessity of the Rule of Law:
Ensure accountability, equality, and access to justice for all.
Enhance international peace and security.
Promote comprehensive societal and national development.
Foster political stability.
Achieve economic, social, and developmental progress.
Encourage fairness and transparency.
Prevent human rights violations.
Deter abuse of power and authority.
Create a social contract between the government and the people.

Advantages of the Rule of Law:
Enhances judicial independence.
Preserves the constitution.
Prevents arbitrariness and dictatorship.
Promotes fairness and ensures transparent and timely dispute resolution.
Facilitates easy access to laws that create legal certainty and enforceable rights.
Directly contributes to higher economic growth.
Is linked to improved health outcomes and increased peace.
Provides high-quality services to the people.
Empowers individuals and local communities to use their own justice mechanisms.
Increases public trust in the legitimacy of the government.

Challenges in Ensuring the Rule of Law:
Limited access to justice, especially for vulnerable and marginalized populations.
Complications from artificial intelligence and cybercrimes.
Impediments to law enforcement, leading to lawlessness and breakdown of order by political groups.
Ensuring decentralization in public positions and authorities.
Ignorance and poverty.
Spread of hate speech and incitement to violence.
Climate and environmental changes impacting peoples security and livelihoods.
The need for independence and professional competence to act as officers of violations and protect constitutional rights.
Excessive reverence for the law and legal procedures can be overly costly.
Overcrowding in public positions.

Restrictions and Exceptions to the Rule of Law:

Immunity:
Immunity is a special privilege granted to certain individuals in a particular authority that prevents them from being sued and prosecuted compared to the general population. It is an exception to the rule of law.
Delegated Legislation:
Refers to laws and orders issued by bodies other than parliaments. This conflicts with the principle of the rule of law.
Special Courts / Administrative Courts:
There are special courts / administrative courts for some public officials. This distinguishes between officials and the general population during legal proceedings.
Emergency Periods:
Certain rights of the people and citizens are restricted during emergencies, and they may be deprived of some of their human and basic rights. This is an exception to the rule of law.
Ways to Strengthen the Rule of Law:
Respect for the system by everyone, including leaders and public servants.
Combat corruption and violations.
Ensure the separation of powers.
Promote awareness and public advocacy.
Strengthen the role of the media in ensuring the rule of law.
Ensure political neutrality among public servants.
Provide a charter for citizens in public positions.
Encourage strict monitoring and supervision of public servants.
Provide appropriate guidance and training to strengthen the rule of law.
Enhance reward and punishment systems.