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Home > Rule of law

1 Generalities

Perhaps the most famous exposition of the concept of rule of law was laid down by Albert Venn Dicey in his Law of the Constitution in 1895 :

When we say that the supremacy or the rule of law is a characteristic of the English constitution, we generally include under one expression at least three distinct though kindred conceptions. We mean, in the first place, that no man is punishable or can be made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land. ...

... every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The Reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment, or to the payment of damages, for acts done in their official character but in excess of their lawful authority. [Appointed government officials and politicians, alike] ... and all subordinates, though carrying out the commands of their official superiors, are as responsible for any act which the law does not authorise as is any private and unofficial person.

-- Law of the Constitution (London: MacMillan, 9th ed., 1950), 194.

Thus, those who make and enforce the law are themselves bound to adhere to it.

The concept "rule of law" is generally associated with several other concepts, such as:

• Nullum crimen, nulla poena sine praevia lege poenali - No ex post facto laws
• Presumption of innocence - All individuals are "innocent until proven otherwise"
• Double Jeopardy - Individuals may only be punished once for every specific crime committed. Retrials may or may not be permitted on the grounds of new evidence. See also res judicata.
• Legal equality - All individuals are given the same rights without distinction to their social stature, religion, political opinions, etc. That is, like Montesquieu would have it, "law should be like death, which spares no one."

The concept of "rule of law" per se says nothing of the "justness" of the laws themselves, but simply how the legal system upholds the law. As a consequence of this, a very undemocratic nation or one without respect for human rights can exist with or without a "rule of law", a situation which many argue is applicable to several modern dictatorships. However, the "rule of law" is considered a pre-requisite for democracy, and as such, has served as a common basis for human rights discourse between countries such as the People's Republic of China and the West.

The rule of law is an ancient ideal of first posited by Aristotle as a system of rules inherent in the natural order. It continues to be important as a normative ideal, even as legal scholars struggle to define it. The concept of impartial rule of law is found in the Chinese political philosophy of LegalismIn Chinese History, Legalism (; pinyin Fji was one of the four main philosophic schools at the end of the Zhou Dynasty. Legalists believed that a ruler should govern his subjects by the following three ideas: 1. f , the law. The law code must be clearly w, but the totalitarian nature of the regime that this produced had a profound effect on Chinese political thought which at least rhetorically emphasized personal moral relations over impersonal legal ones. Although Chinese emperors were not subject to law, in practice they found it necessary to act according to regular procedures for reasons of statecraft.

In the Anglo-American legal tradition rule of law has been seen as a guard against despotism and as enforcing limitations on the power of the government. In the People's Republic of China, the discourse around rule of law centers on the notion that it will ultimately enhance the power of the state and the nation.

While there is a consensus both in China and the West that rule of law is a good thing, this is not a universially accepted truth. Some communist governments, including ChinaThis article is on the geographic and cultural entity. For other meanings, see China (disambiguation). China ( Traditional Chinese: , Simplified Chinese: , Hanyu Pinyin: Zhongguo, Wade-Giles: Chung-kuo) is a country in continental East Asia with some oute during the Cultural RevolutionThe Great Proletarian Cultural Revolution ( Simplified Chinese: ; Traditional Chinese: ; pinyin: wu chn jie ji wen hua da ge ming, literally "Proletarian Cultural Great Revolution"; often abbreviated to wen hua da ge ming, literally "Great Cultural Revolu, have been at least partially negative toward the idea of rule of law, arguing that it interferes with class struggle. Furthermore, rule of law is opposed in many authoritarian and totalitarian states. The explicit policy of those governments, as evidenced in the Night and Fog decree s of Nazi GermanyNazi Germany or the Third Reich commonly refers to Germany in the years 1933 1945, when it was under the firm control of the totalitarian and fascist ideology of National Socialism with Adolf Hitler as dictator. The term Nazi is a short form of the German, is that the public should be constantly in fear of the government.

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