Rule Of Law

Ashley S.
POLS 136
Essay 1
October 11, 2013

Ideas and Rights
Rule of Law- What is it? ( “Rule of Law”, The Gale Group)
a.i) The rule of law is a system in which the following four universal principles are upheld:
a.ii) The government and its officials and agents as well as individuals and private entities are accountable under the law.
a.iii) The laws are clear, publicized, stable and just, are applied evenly, and protect fundamental rights, including the security of persons and property.
a.iv) The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.
a.v) Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
Why does it matter?
a.i) The rule of law is the underlying framework of rules and rights that make prosperous and fair societies possible. The rule of law is a system in which no one, no matter your class, race, religion, or ethnicity, including the government, is above the law; where laws protect fundamental rights and where justice is accessible to all.
Factors, to name a few, of Rule of Law:
a.i.1.a.i.1. Limited government powers
A. In a society governed by the rule of law, the government and its officials and agents are subject to and held accountable under the law
a.i.1.a.i.2. Absence in corruption
B. One of the hallmarks of a society governed by the rule of law, as corruption is a manifestation of the extent to which government officials abuse their power or fulfill their obligations under the law.
a.i.1.a.i.3. Order and security
C. Protecting human security, mainly assuring the security of persons and property, is a fundamental function of the state.
a.i.1.a.i.4. Fundamental rights
D. Under the rule of law, fundamental rights must be effectively guaranteed.
a.i.1.a.i.5. Open government
E. It involves engagement, access, participation, and collaboration between the government and its citizens, and plays a crucial role in the promotion of accountability.
a.i.1.a.i.6. Regulatory enforcement
F. Public enforcement of government regulations is pervasive in modern societies as a method to induce conduct
a.i.1.a.i.7. Civil justice
G. In a rule of law society, ordinary people should be able to resolve their grievances and obtain remedies in conformity with fundamental rights through formal institutions of justice in a peaceful and effective manner, rather than resorting to violence or self-help.
a.i.1.a.i.8. Criminal justice
H. An effective criminal justice system is a key aspect of the rule of law, as it constitutes the natural mechanism to redress grievances and bring action against individuals for offenses against society.
Civil Liberties and Rights ( Monroe. Pg. 142)
1. Want the opposite things from the government.
2. Civil liberties- Restrict government action to protect an individual’s rights
3. Civil rights- Require government action in helping secure an individual’s rights.
Civil Rights and Liberties today ( Gerald Hill, “Civil Rights and Civil Liberties”)
1. Our civil liberties and rights are the result of many years of agitation and activism. Plus, our conceptions of civil rights and liberties have evolved since earlier years. Recent events such as the debate over gay marriage and the war on terror ensure that our conceptions of liberty and equal rights will continue to evolve in the years to come.
Federalism- What is it? ( Monroe. Pg 117-122)
a.v.1.a.i.1. Federalism in the United States is a complex and ever-changing network of relations between national, state, and local governments. It requires that state and local governments play a role in nearly every policy area.
a.v.1.a.i.2. Each level of government is independent and has its own set of powers and responsibilities.
a.v.1.a.i.3. Because it is often not clear whether a state or national government has jurisdiction on a particular matter, the national and state governments alternate between cooperating and competing with each other.