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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 a higher law is a statement which expresses that no law may be enforced by the government unless it conforms with certain universal principles (written or unwritten) of fairness, morality, and justice. [1] Thus, the rule according to a higher law may serve as a practical legal criterion to qualify the instances of ...
The rule of law is a response to the decline of order in society. [18] But when the belief in higher law declines, the legal order is threatened. In contemporary history, the natural rights synthesis that underlies the legal order ideal has been undone, with the result that the coherence of the rule of law ideal is compromised. [19]
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]
1. The Legislative and the Rule of Law; 2. The Executive and the Rule of Law; 3. Criminal Process and the Rule of Law; 4. The Judiciary and Legal Profession under the Rule of Law. The committees set up during the congress were each dedicated to one of the four themes with the Working Paper providing the basis of the discussions.
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]
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]
Acquired from law and is constructed from the reliance of society's rules and laws. This type of authority has the confidence to leave the right of leaders to undertake the decisions and set the policy. Rational-legal authority is the basis of modern democracies.