Describe what is meant by the term “rule of law”. What does the rule of law entail and what are the benefits it provides? What about governance, specifically different regimes, contributes to or prevents the successful implementation of the rule of law?

Question

What will be an ideal response?

Answer 1

Students should identify that rule of law refers to the fact that everyone is subject to the law (the law is universal and objective), individuals are endowed with rights under the law, etc. Specifically, rule of law has three components: 1) Constraint on the state to ensure that public officials are kept within the boundaries of their offices and adhere to procedural and other laws; 2) Protection of individuals’ security, rights, and access to just recourse if rights are violated; and 3) Security of property and related rights. The benefits are immense, including economic rewards, confidence in the government, power is checked, etc. Students should discuss how in authoritarian societies the rule of law is hampered by a lack of transparency, few checks and balances, and limited separation of government functions/branches/power holders. Students should compare liberal and illiberal democracies and the rule of law. Students may discuss the role of trust in the government as it applies to the rule of law. Students should identify that the structure of governance impacts the rule of law and its successful implementation