rule of law essay

rule of law essay

The Importance of the Rule of Law

1. Introduction

This essay will examine the importance of the rule of law in modern-day Britain in relation to business accountability. There will be an explanation of the principle areas in which the rule of law affecting accountability has been reduced, a definition of the rule of law, and an evaluation of the importance of the rule of law in relation to business accountability. This will be evidentially supported through case studies. In addition, I will seek to establish the shortcomings in the implementation of the rule of law, identify areas where further regulation is required, and suggest possible methods of improving the rule of law. The essay will conclude with the outlining and discussion of a possible model for a strategic approach to law reform.

Law is a specific form of regulation which is universally accepted as essential to human behaviour, shaped by common knowledge historically and is enforced by formal agencies. The stark distinction between written statements of the rules and their administration through the law itself has always been a point of conflict.

2. Definition and Principles of the Rule of Law

The classic formulation of the Rule of Law is due to Dicey. In his book ‘Introduction to the Study of the Law of the Constitution’ (1885), he identified three key principles of the Rule of Law. No person could be punished or made to suffer except for a breach of the law proved before the ordinary courts (principle 1). No official, no matter how high or mighty, was above the law (principle 2), and the general principles of the constitution were the result of judicial decisions determining the rights of private individuals in particular cases brought before the courts; the constitution was based substantially upon the common law (principle 3). Dicey’s third principle has little relevance in the modern context. Dicey believed that the British constitution, although ‘mixed’ since it combined elements of monarchy, aristocracy, and democracy, was based upon the underlying framework of the common law. Any law made which did not conform to the principles of common law and thus was declared invalid by the courts would be of no force. This is no longer the case with the increasing reliance on delegated legislation and the enactment of statutes which confer rule-making powers on various ministers. This is not necessarily a bad thing and not all of it is a departure from the Rule of Law. Dicey saw the Rule of Law as a method, not a specific body of rules. The general principle behind all of these rules is that laws should be certain, clear, and equally applicable to all. Changes in the complexity and form of legislation do not necessarily mean a departure from this ideal. Nevertheless, it is true that in certain areas such as allowing ministers rule-making powers with little parliamentary oversight, the principle of the Rule of Law has been compromised in favor of executive expediency.

2. Definition and Principles of the Rule of Law 2.1 A Political Thesis 2.2 Limiting Government Power 2.3 Procedural and Substantive Justice 2.4 The Ideality of the Rule of Law in Contemporary Liberal Democracies

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3. Implications of Upholding the Rule of Law

Government is increasingly seen as an organization with a monopoly of the use of force for the protection of internal security and the realization of justice. This view of government is expressed in the concept of the Westphalian state. This view of government is inherently dangerous, for to exercise a monopoly of power in modern conditions is to create a situation with which no one can be trusted. The only way in which a government can be held to its law is if those who administer it are bound to act only in accordance with the law. This creates a more stable form of government, as the law binds the administration. Adherence to the law by those who administer government is likely to persist in the face of transient changes of political authority. The upholding of the Rule of Law provides a shield against the arbitrary use of power. This is particularly important in current times as there is a growing culture of fear in which democracies are giving in to requests from the people to trade their liberty for greater security. Arbitrary power can too easily be rationalized as a necessary tool in times of genuine threat to the nation, and to accept this sort of exception is to accept an unlimited possibility of arbitrarily justified power. A generation of unlimited, arbitrary power could blur that free way of life into one dictated by those in power, who may not have the best interests of the population at heart. A civilization that has a culture based upon the arbitrary use of power often finds that power is a means and an end to, and is a feature that is rarely let go. This can be seen in the way the United States is currently striving to democratize Iraq into a federal republic. By upholding the Rule of Law, power can be limited to that which is given to further the interest of the people. Unlimited power can rarely be retrieved once it is given. The acceptance of exception to the law in tough times is a double-edged sword, for it is hard to determine when this exception should end. Power that is taken without right is not self-limiting.

4. Challenges to the Rule of Law

A key challenge to the rule of law today is the widespread in many countries in Asia, Africa, and Eastern Europe. The rule of law is often still more of an aspiration than a reality and has been compromised by executive interference and sometimes an erosion of the independence of the judiciary. This is usually accompanied by legislation that reduces human rights safeguards and restricts the role of lawyers. The subjugation of the judiciary to the executive and legislative branches in many new and fragile democracies is a particular problem, often further exacerbated by corruption within the judicial system. Even in well-established democracies, threats to the rule of law take the form of legislation or policies that undermine the separation of powers. An example of this is the UK government’s recent anti-terrorism measures, which allow for the detention of suspects for long periods without trial and have been criticized by many lawyers and judges as being contrary to the ancient right to habeas corpus. Another modern challenge to the rule of law, in both developing and developed democracies, is terrorism. This can place a huge strain on the legal system in balancing the necessity of preventing further attacks with the upholding of civil liberties and can often result in a trade-off of the latter for the former. The progressive and unrelenting development of information technologies carries a mixed bag of blessings and curses for the rule of law. On one hand, it may enable people to more readily access government information, communicate with others, and participate in the political system, which helps to create a more informed and active citizenry. This is, of course, conducive to governmental accountability and a safeguard of human rights. The real-time transmission of news on a global scale may also provide a deterrent to human rights abuses, as knowledge of such abuses arguably undermines the legitimacy of an offending government and may lead to foreign pressure. On the other hand, the encroaching surveillance capacity of such technologies poses an increased risk of privacy violations, and the ongoing revolution in military technologies and techniques combined with the clandestine nature of modern terrorism pose a challenge to the applicability of traditional international humanitarian and human rights laws. This also applies to the context of globalization in the modern day, with the prospect of increasing corporate power and the absence of a global government often leaving the global village at the mercy of market forces and the interests of powerful entities, with varying degrees of respect for local laws and human rights.

5. Conclusion

Since then, East Timor has made great progress as a reasonably stable and peaceful nation, and is gradually gaining democracy. This change in fortune would not be possible without the rule of law, and this demonstrates its importance in maintaining a stable society.

In late 1999, the East Timorese were given the chance to vote for their freedom and independence. This referendum was sabotaged by the Indonesian government and military with violence and destruction. After just a few days, over 70% of the population had been displaced as a result of the destruction of their houses and property. The intervention of the United Nations and a United Nations authorized force was required to bring about an end to the conflict.

Countries that have been victims of war and other forms of conflict could not achieve peace and rebuilding without the help of the United Nations. The East Timor case is a good example of this. Over a period of 24 years, East Timor had been occupied and oppressed by Indonesia. The occupation resulted in the deaths of roughly 200,000 East Timorese out of a population of 600,000.

Various philosophers have contrasted a “state of nature” with an ideal government. Thomas Hobbes defines a state of nature where no government was present as “warre of every man against every man”. This is to say that in a society without a government, there would be a tendency for each and every individual to take what they wanted, by force if necessary. Life and death, and rights to everything no longer have any limits. It is survival of the fittest, and this is the essence of an unstable society.

In my opinion, I think that the rule of law is an essential part of today’s society and a much-needed value for humanity. Our basic survival depends on it. The rule of law is such a valuable attribute of society today, and without it, there would be no such stable society. And without a stable society, anarchy and chaos would reign supreme.