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The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
Common elements within a liberal democracy are: elections between or among multiple distinct political parties; a separation of powers into different branches of government; the rule of law in everyday life as part of an open society; a market economy with private property; universal suffrage; and the equal protection of human rights, civil ...
Equality before the law is one of the basic principles of some definitions of liberalism. [2] [3] It is incompatible with legal slavery. Article 7 of the Universal Declaration of Human Rights (UDHR) states: "All are equal before the law and are entitled without any discrimination to equal protection of the law". [1]
For a democratic society in general, respect for the rule of law requires "a transparent, accountable, democratic, and pluralistic law-making process", in addition to "legal certainty" and "separation of powers". [8] This aspect ensures checks-and-balances and does not allow for the concentration of power in a single entity. [9]
The rule of law is contrasted with rule by men and the arbitrary power one man or government official might exercise over the other. [9] Allan thus supports the idea that there are core features of the rule of law, including government acting within its legal authority. [10]
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Necessary in a democratic society" is a test found in Articles 8–11 of the European Convention on Human Rights, which provides that the state may impose restrictions of these rights only if such restrictions are "necessary in a democratic society" [1] and proportional to the legitimate aims enumerated in each article. [2]