One of the political aspects most desired and protected by the countries is democracy, and for it to function properly, there must first of all be a correct rule of law . It is a fundamental point that must be present in all processes related to the transition , normalization and consolidation of democracy itself. For it to take place, a good construction process is also necessary in which all the institutions that are part of the State and the policies of its actors must be involved .
The rule of law is the principle of governance to which individuals, companies, public and private entities and the state itself which includes a series of undergoing laws that are enacted so public and that must be met equally after being applied form independent .
- What is the rule of law?
- Characteristics of the rule of law
- Examples of rule of law
What is the rule of law?
The rule of law is a type of political organization in which grounded all life in society through the use of a frame -type law which is responsible for implementing a number of regulations with the main objective to give legality and rights fundamental to all individuals who are part of society.
The rule of law has its origins in the German doctrine known as the Rechtsstaat , a doctrine that used the term for the first time although many experts think its roots come from Immanuel Kant . It was born as a response to the absolutist state that was characterized mainly by the repression of citizens of various rights such as freedom and the concentration of power, added to a bad organization and lack of responsibility on the part of the heads of the State.
After its appearance, in 1832 , it referred to constitutionalism with two main elements, the division of functions related to the use of power and the importance of the Constitution , aspects that were and are a fundamental part of the rule of law in the actuality. It is considered that the rule of law as such then emerged from World War II mainly in Italy, Germany and France with the aim of stabilizing the democracy. With the passage of time, democracies were adopting this type of State with the aim of having and respecting at the same time the powers that make up a country.
The main ideas underlying the rule of law come from German liberalism that emerged in the 18th century . The most important date in the history of the rule of law was in the year 1789 at the time of the French Revolution, since from that moment on, ideas related to the equality of the individual began to be created .
Characteristics of the rule of law
Among its main characteristics are the following:
- The legal system must be established democratically.
- It does not allow abuses of power .
- It is based on the division of the powers of the State into executive , judicial and legislative powers.
- All members of the government, administrative entities and the public and private organization must act according to a series of limits established by law, which are also regulated by the Judicial Power .
- It is characterized because the fundamental rights of human beings are guaranteed .
- It applies and enforces the law in an egalitarian way for all its citizens regardless of their political or social rank.
- It provides equal and fair treatment to all the inhabitants of a society.
- In the rule of law, all authorities that are part of the government accept and respect the law that is in force.
There are several elements that are part and that are fundamental for the rule of law, these are the following:
- Interdiction of arbitrariness : arbitrary acts are understood to be those that lack regulatory support and those that act “ against legem ”. Discretionary acts that have a margin of decision are also included.
- Legal certainty : includes all the knowledge related to the regulations that may be applicable , which is known as the principle of normative publicity and also, the link that exists with the principle of sanctioning legality.
- Principle of legality : it is related to the subjection that must exist with respect to the public powers of the law .
- Subjection of the Public Administration to the principle of legality that includes acts of an administrative nature and regulations.
- Recognition of the principle of legality of an administrative nature .
- Subjection by the judges before the Formal State of Law.
- Subjection of parliaments to the rule of law.
- Principle of sanctioning legality of both an administrative and criminal nature.
There are many advantages and benefits that individuals obtain when they live under the rule of law, among the most important we can find the following:
- Being governed by law , the State is not exercised in an uncontrolled way but on the contrary, in a totally orderly way .
- It makes it possible for the powers to have to limit and at the same time control each other.
- The State has the responsibility to respect all citizens , their rights recognized within the Constitution and even international ones.
- The legal system has better control and is run by courts that function independently.
- The law is applied to everyone equally, whether they are people who are part of the authorities or for regular citizens, failure to apply these laws also includes a sanction.
- With it, a fully democratic state can be founded .
- Respect for individuals, human rights and property is given .
The rule of law can have some disadvantages or disadvantages, these are:
- The policies could eventually suffer changes of a soon to another.
- In order for it to work properly, it is necessary to implement the collection of taxes .
- It takes a greater number of individuals who are part of the institutions of the government .
- It can produce great costs and expenses for the country.
- Corruption can occur mainly in high government positions.
- At times, it could have the air of a dictatorial government .
The rule of law is an aspect of the utmost importance for a country as it is what establishes the proper functioning of the law and power . It is a way of being able to positively promote the value of equality in individuals as well as the dignity of human beings through appropriate policies and actions by the State. It is essential for a country to establish a well-functioning democracy , to ensure the well-being of individuals and to guarantee the fair application of justice .
Examples of rule of law
Here’s how the rule of law should be applied in a country.
- The law must be applied to everyone equally regardless of social status for this reason, everyone, if they commit a crime , must be judged by means of the current law.
- In order to guarantee the quality of life of citizens, the rule of law must propose and develop a series of plans that are in charge of improving life , for example, waste collection to protect the environment.
- In a state of law is complemented forbidden to violate the human rights , this includes for example the ban on torture by police personnel.