Lecture 8 Flashcards
(25 cards)
What does “The Rule of Law” generally mean?
A society where both the people and the government are bound by a fair and just legal system.
How is “Rule of Law” different from “Rule by Law”?
Rule of law advances justice through a fair system; rule by law uses law as a tool of control.
What is the difference between “Rule of Law” and “Rule of Men”?
Rule of law means governance by laws, not individuals or personal power.
Who said, “We are a government of laws and not of men”?
John Adams.
What must the content of laws be under the rule of law?
Reasonable, fair, and advancing public interest.
What must the process of creating and enforcing laws be?
Fair, legal, and constitutional.
What principle states that laws must be applied equally to all people?
Equality under the law (justice is blind).
What factors must be irrelevant under a system of equal law?
Age, gender, race, religion, wealth, and status.
Must the government be subject to the law in a rule of law society?
Yes, the government must follow the same laws as the people.
What happens when a government actor breaks the law?
They must be held accountable and punished.
What is meant by “limited government”?
The government has specific, constrained powers under the law.
What does transparency in the legal system require?
Open decision-making, public laws, and accessible court reasoning.
Why must laws and court decisions be made public?
To ensure accountability and public trust.
What is integrity in the legal system?
Functioning honestly, without corruption or improper influence.
What is corruption?
The misuse of official position for personal gain.
Give examples of corruption.
Bribery and kickbacks.
Why must the legal system be independent of politics?
To ensure fair decisions without fear or favor.
What does independence mean for legal actors?
They can act with integrity and without fear of reprisal.
What practical outcome must the rule of law provide?
Order, stability, peace, and personal freedom.
Why must laws be enforced effectively?
To ensure society is free of crime and wrongdoing is punished.
How does the rule of law promote social trust?
By ensuring fair treatment and predictable justice.
Why is the definition of rule of law not clear-cut?
Because it includes a mix or “basket of goods” most people associate with fairness.
Name three items often included in the “basket” of the rule of law.
Equality before the law, government accountability, and due process.
Does a country automatically have the rule of law if it has laws?
No—laws must be just, fair, and applied equally to count as rule of law.
