Discuss the rule of law, its originator, and explain its three irreducible elements.

Question

What will be an ideal response?

Answer 1

The only way we can be reasonably assured that justice resides within a legal system is to determine the extent to which it adheres to the rule of law. The idea of the rule of law first appears in Plato’s book, Laws, written three centuries before the birth of Christ. Plato believed that the law should be the supreme authority in a state and should constrain the behavior of government officials. The rule of law involves the notion that every member of society, including lawmakers, presidents, and prime ministers is subservient to the law. The rule of law has been called “the most important legal principle in the world,” and contains three irreducible elements:
1. A nation must recognize the supremacy of certain fundamental values and principles.
2. These values and principles must be committed to writing.
3. A system of procedures to hold the government to these principles and values must be in place.
All organized societies recognize a set of fundamental values that they hold supreme, whether the ultimate principles are secular or religious. Likewise, all literate societies put these values and principles in writing in their holy books or national constitution. However, the third element is much problematic, because it shows whether or not a country honors its fundamental values in practice as well as in theory. The law is just words on paper if it is not respected by human actors. If the law is to be consistent with justice is can only be so if the procedures followed by its agents are perceived as just by everyone. The procedures designed to hold the government to its written principles is articulated by the concept of due process.