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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.
Legal awareness, sometimes called public legal education or legal literacy, is the empowerment of individuals regarding issues involving the law. [1] Legal awareness helps to promote consciousness of legal culture, participation in the formation of laws and the rule of law.
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
INPROL is a network of rule of law professionals dedicated to promoting justice, human security, and the rule of law worldwide. Every member of INPROL has access to the knowledge, experience, and ingenuity of all members. This incomparable fund of lessons learned, practical know-how, and cutting- edge innovation is available online 24/7.
(2) The power of the state serves all citizens and can be only applied in cases, under limitations and through uses specified by a law. (3) Every citizen can do anything that is not forbidden by the law, and no one can be forced to do anything that is not required by a law. The same principles are reiterated in the Czech Bill of Rights, Article 2.
[2] [3] The principle of equality before the law is incompatible with and does not exist within systems incorporating legal slavery, servitude, colonialism, or monarchy. 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]
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
Lincoln then warned that a tyrant could overtake the U.S. political system from within, if disregard for the rule of law continued unabated. [5] He said: It is to deny what the history of the world tells us is true, to suppose that men of ambition and talents will not continue to spring up amongst us.