The Rule of Law can only flourish in a country whose inhabitants feel collectively responsible for the implementation of the concept, making it an integral part of their own legal, political and social culture.
If the subordinate courts start ignoring the law laid down by their High Courts and start acting contrary thereto, then not only the legal anarchy will set in but the democratic structure of the country, rule of law and concept of liberty of citizens will be the first casualty.
Within the European system for the protection of fundamental rights, national judges hold a central place. It is up to them, on the one hand, to ensure effective respect for these rights guaranteed in national constitutions, and on the other hand, to exercise their office as ordinary judges under the European Union law and the Convention for the Protection of Human Rights and Fundamental Freedoms in application of the principle of subsidiarity.
First, an individual charged with a criminal offence must be presumed innocent until proven guilty by a court decision. The second aspect of the presumption of innocence comes into play after the proceedings are concluded.
Respect for the rule of law at the international and national levels is central to ensuring the predictability and legitimacy of international relations, and for delivering just outcomes in the daily life of all individuals. While responsibility for strengthening the rule of law lies with Member States and their citizens, the United Nations is ideally placed to support Member States’ efforts and to provide integrated and effective assistance. To galvanize collective efforts to strengthen the rule of law at the national and international levels, the Secretary-General proposes that the General Assembly adopt a programme of action for the rule of law, agree to a process to develop clear rule of law goals and adopt other key mechanisms to enhance dialogue on the rule of law. Member States should also take the occasion of the highlevel meeting of the General Assembly on the topic “The rule of law at the national and international levels” during the sixty-seventh session to make individual pledges related to the rule of law.
The principle of pacta sunt servanda (agreements must be kept) is one of the bedrock principles of natural justice, which protects against the temptation to appeal to the law of force rather than to the force of law. However, illegitimate force can be found not only in periods of conflict; it can also be found in aggressive practices of applying and interpreting international agreements to serve a political agenda never ratified by the parties.
After examining the historical origins of the concepts of Rule of Law, Rechtsstaat and Etat de droit, the report looked at these concepts in positive law. In international law, they appear in a number of treaties but also in soft law; in national law, they appear as a main feature of the state in the constitutions of Germany as well as of a number of former socialist countries of Central and Eastern Europe. The notion of the Rule of Law is however often difficult to apprehend in former socialist countries, which were influenced by the notion of socialist legality.
The plan for national governance was raised from more than 1000 BC. It showed the political wisdom and the rational legal thinking of the ancient Chinese sages. This idea of comprehensive governance has long been regarded as an effective strategy for statecraft and inherited by the generations.
The judiciary is the third branch of government; the third arm of the state. There simply can be no state or government without the judiciary in a genuine constitutional democracy. To breathe life into the African dream that is inspired by the desire to break free from centuries of economic oppression, and to recapture the lost glory of Africa, the judiciary in Africa must be more alive to the enormous responsibilities it bears on its shoulders to contribute to the renaissance of Africa.
Public trust and confidence in the judicial system is more important, it being the last resort. They may have a feeling that it is not rule of law which prevails but it is a mob which has an upper hand and especially in a case where it is led by the Chief Minister of the State in the office of CBI and by the Law Minister of the State in the Court Complex. If the parties to a litigation believe in Rule of Law such a system is not followed. The idea was different.
the rule of law is about safeguarding rights. The rule of law protects not only procedural rights through legal supremacy, certainty and due process, but also important substantive rights through an independent and impartial judiciary and laws consistent with international human rights standards. In many countries of the world, the rule of law operationalizes human rights through constitutional and legal protections, institutions for effective implementation and accountability, judicial and administrative remedies, and the legal empowerment of people to access justice and claim their rights.
Executive Order 13891 October 9, 2019 Promoting the Rule of Law Through Improved Agency Guidance Documents By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to…
A democratic country is founded upon the “Rule of Law.” The expression “law” means a set of rules that governs relationships of citizens with each other; regulates commerce and our lives within the community, and protects people from the unlawful acts of individuals or the state.
China made new and great achievements in promoting the rule of law by firmly taking the socialist road of the rule of law with Chinese characteristics and firmly advancing the law-based governance of the country under the strong leadership of the Communist Party of China in 2016: it persisted in scientific legislation and democratic legislation with the quality becoming better and better; it exercised administration by law thoroughly and strictly standardized fair and civilized law enforcement with conspicuous achievements in the construction of a law-based government;