Rule of law From Wikipedia, the free encyclopedia Mosaic representing both the judicial and legislative aspects of law. The woman on the throne holds a sword to chastise the guilty and a palm branch to reward the meritorious. Glory surrounds her head, and the aegis of Minerva signifies the armor of righteousness and wisdom.[1] Part of a series on Politics Ballot box Primary topics[show] Political systems[show] Academic disciplines[show] Public administration[show] Policy[show] Organs of government[show] Related topics[show] Subseries[show] Politics portal v t e The rule of law (also known as nomocracy) primarily refers to the influence and authority of law within society, especially as a constraint upon behavior, including behavior of government officials.[2] The phrase can be traced back to the 16th century, and it was popularized in the 19th century by British jurist A. V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote Law should govern.[3] Rule of law implies that every citizen is subject to the law, including law makers themselves. It stands in contrast to the idea that the ruler is above the law, for example by divine right. Despite wide use by politicians, judges and academics, the rule of law has been described as an exceedingly elusive notion[4] giving rise to a rampant divergence of understandings ... everyone is for it but have contrasting convictions about what it is.[5] At least two principal conceptions of the rule of law can be identified: a formalist or thin definition, and a substantive or thick definition. Formalist definitions of the rule of law do not make a judgment about the justness of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.[6]
Posted on: Tue, 18 Mar 2014 05:34:01 +0000
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