Rule of law is one of the quintessential elements of a free and fair democratic society. It is a value that has helped build and shape western civilization for the better. Given that it is such an important concept, it is important to know what the principles of rule of law are. There are 4 main principles that will be discussed in this post.
The 4 principles of rule of law are: equality before the law, transparency, justice, and the avoidance of arbitrariness. All 4 principles are fundamental to the correct application of rule of law and together they help society as a whole to prosper.
Equality before the law
The first principle of rule of law is equality before the law. Rule of law decrees that no-one is above the law, which inherently means everyone is equal before the law. This is an important element of rule of law as it creates a fair system of legislation that does not discriminate. Everyone is equal under the law regardless of their status, class, race, gender, faith or sexuality. This is crucial for upholding all the fundamental elements of a healthy democracy, and ensures society is free and fair.
This principle is also paramount for ensuring bureaucrats and citizens in positions of power do not use their power unjustly. Rule of law stresses the importance of restricting the power and control of bureaucrats. It is the principle of equality before the law that helps protect ordinary citizens from any forms of oppression or coercion imposed by bureaucrats and public officials. Equality is essential to a free and fair democratic society; equality under the law makes sure equality is upheld.
Thus, equality before the law is an essential principle of rule of law. It is important not only for the equality and protection of citizens, but also to ensure a society’s entire democratic process runs as it is supposed to.
Transparency
The second principle paramount to the correct application of rule of law is transparency. It is of the utmost importance that legislation is both transparent and knowable to all. Rule of law emphasises the fact that any laws and legislation must be understandable and knowable for each and every citizen. This has many benefits.
Firstly, transparent legislation means that all citizens know and understand the law. This is important as it means that citizens are less likely to break the law, and they know their fundamental rights. This leads on to the second point. When legislation is understood by the general public, it limits the amount of corruption or unjustified uses of power by bureaucrats. This is because the citizens know and understand their rights. This is crucial to a free and fair democratic society.
Hence, transparency is an important principle of rule of law. It ensures legislation is crafted in a way that is understandable and knowable to each and every citizen. This helps prevent corruption, unjustified uses of power, and tyranny.
Justice
The third principle of rule of law is justice. Justice is a crucial element within a free and fair democratic society. Democracy cannot function correctly if it does not have a solid justice system. A strong justice system is the framework that allows society’s institutions to run as smoothly as possible.
Justice can be described as the administration of law. More accurately, it means the establishment of rights according to the rule of law. The justice system is utilised to implement rule of law in a practical way. It gives a society’s legislation a set of rules and guidelines to follow. This ties directly into the principles discussed earlier. A healthy justice system allows society’s laws and legislation to be transparent. Justice allows for equality and fairness for all. Justice therefore, can be described as the practical principle of rule of law that upholds all the other principles.
Thus, justice is another fundamental principle of rule of law. It allows laws to be implemented in a practical and constitutional way. It is the principle that upholds all the other principles of rule of law. Without justice, the rule of law ceases to exist.
Avoidance of arbitrariness
The fourth principle of rule of law is the avoidance of arbitrariness. This essentially means that rule of law, if implemented correctly, strives to protect society from arbitrary uses of power. Democracy and the importance of the individual are two key elements of rule of law. Individual rights and freedoms are the keystone of what rule of law is about. It is therefore essential that rule of law strives to protect society from any outside intervention or arbitrary uses of power.
Rule of law emphasises that democracy must be upheld at all costs. To achieve this, rule of law protects democracy from the evils of tyranny. It does this by reducing the power and control of bureaucrats. The more power and control bureaucrats have, the more vulnerable a given democracy is from arbitrary forces such as despotism, absolutism, authoritarianism, and totalitarianism. It Is therefore essential that rule of law makes it a priority to limit the amount of influence bureaucrats have. This, in turn, gives more power, freedom and rights to the individual, which is crucial to a healthy democracy. This is why the avoidance of arbitrariness is a fundamental principle of rule of law.
Hence, avoidance of arbitrariness is an essential principle of rule of law. It restricts the power and control of bureaucrats, and ensures the state has as little authoritative control over citizens as possible. This gives more power, freedom and rights to the individual, and creates a healthy democracy. Avoidance of arbitrariness is paramount to rule of law.
Summary
The 4 principles of rule of law are: equality before the law, transparency, justice, and the avoidance of arbitrariness. All 4 principles are fundamental to the correct application of rule of law and these help society as a whole to prosper.
Equality before the law is a crucial component of rule of law. It decrees that no individual is above the law. This is important for ensuring equality for each and every citizen, regardless of their background. This type of equality is paramount to a free and fair democratic society.
Transparency is another fundamental principle of rule of law. Laws and legislation must be transparent in a way that is knowable and followable by all. Each and every citizen should be able to understand and follow the law. This, in turn, protects democracy from any forms of corruption or tyranny.
Justice is a critical principle of rule of law. A sound justice system is what is responsible for producing the laws and ensuring equality and equity. Justice is the principle that upholds all other principles. It is what allows rule of law to be implemented within a given society.
Avoidance of arbitrariness is the fourth principle of rule of law. In order for rule of law to work and be implemented properly, there can be no arbitrary forces acting against the interests of ordinary citizens. This is why the rule of law restricts the power and control of bureaucrats. This prevents any arbitrariness and unjustified uses of power. This gives the individual more power, freedom and rights, which is crucial to a free and fair democratic society.
Liberal Kiwi 