What is the Rule of Law?
Economic growth, political modernization, the protection of human rights, and other worthy objectives are all believed to hinge, at least in part, on the rule of law. World Bank, The Rule of Law as a Goal of Development Policy
By Helen Yu and Alison Guernsey
I. Introduction to the Rule of Law Politicians, lawyers, economists and policy-makers often use the term rule of law to characterize a certain type of legal-political regime. As the pace of globalization has increased in the past two decades, many developing countries have prioritized their policy agendas to promote the rule of law. This FAQ provides an introductory explanation of the concept of the rule of law and how it relates to development. It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law.
II. What is the Rule of Law? The rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. Generally, however, it can be understood as a legal-political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding how a country functions. In the most basic sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power.
A. Elements of the Rule of Law In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:
1. Laws must exist and those laws should be obeyed by all, including government officials.
2. Laws must be published.
3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot
By Helen Yu and Alison Guernsey
I. Introduction to the Rule of Law Politicians, lawyers, economists and policy-makers often use the term rule of law to characterize a certain type of legal-political regime. As the pace of globalization has increased in the past two decades, many developing countries have prioritized their policy agendas to promote the rule of law. This FAQ provides an introductory explanation of the concept of the rule of law and how it relates to development. It concludes with a brief description of some of the criticisms that have been made about the concept of the rule of law.
II. What is the Rule of Law? The rule of law does not have a precise definition, and its meaning can vary between different nations and legal traditions. Generally, however, it can be understood as a legal-political regime under which the law restrains the government by promoting certain liberties and creating order and predictability regarding how a country functions. In the most basic sense, the rule of law is a system that attempts to protect the rights of citizens from arbitrary and abusive use of government power.
A. Elements of the Rule of Law In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:
1. Laws must exist and those laws should be obeyed by all, including government officials.
2. Laws must be published.
3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot