The rule of law refers to durable systems of law institutions, community commitment, and norms that deliver accessible justice, open government, just laws, and accountability (for individuals and governments). It compromises procedural and formal principles that address how a community is governed. The formal principles entail the norms that govern a society. These include:
- Publicity
- Stability
- Clarity
- Generality
- Prospectivity
The procedural principles are the processes through which these norms are administered.
The Rule of Law in American Life (Legal Guide 2022) is an illuminating and comprehensive guide that provides a concise overview of the legal system as it stands today and what it might look like in 2022.
Why the rule of law matters
The rule of law is one of the most important features of any democratic society. Without it, people may not obey the law, and chaos can ensue. Even if a government is well-intentioned, it will ultimately become corrupt and oppressive without a just legal system that it respects and obeys. The Constitution was written for this reason- to create a framework for justice that would endure despite any changes in society or leadership.
The rule of law in the United States
The rule of law refers to the principle that the law will protect all persons and their property. In America, two basic principles of the rule of law are: no person should be above the law, and every person has a right to a government that follows the law. There are many ways these principles of the rule of law can be violated; for example, judges may make decisions based on personal opinion instead of following established laws. Individuals may decide to take law into their own hands instead of handling things as lawfully documented.
The importance of the rule of law in American life
The rule of law is the authoritative control of members of a society by the power and authority that originates from the legally established government. The rule of law is important in American life due to its legal, social, and economic implications. A nation without the rule of law is morally and politically deficient with other nations that have the rule of law. Below we take an in-depth look at the importance of the rule of law in American life.
- Preserves the United States constitution
One of the main importance of the rule of law is the perseverance of the United States constitution. Given that the Constitution is the ultimate law and that the rule of law guarantees the law when the rule of law is adhered to, the Constitution is preserved.
- Promotes qualitative life
The quality of life of American life is greatly intensified when the rule of law operates to the letter. This is because the rule of law, defined modernly, encourages social conditions that make its citizens enjoy social order. Achievement of this ensures the enhancement of the quality of life of American citizens.
- Prevents dictatorship and arbitrariness
American people have become very aware of their liberties and rights because the rule of law has been operating properly. Citizens know what’s required of them and know when their rights are being trampled on. They can also check the rise of dictatorship, if any, and check arbitrariness on the part of government appointees.
- Freedom of the judiciary
A judiciary has to be independent and impartial for the rule of law to operate. This ensures that the federal government does not influence the courts and justice systems. This ensures that its people are protected against private or public power without any interference whatsoever. Follow the doctrines outlined in the United States Codes, for more clarity and familiarization.
- Individual freedom
The rule of law requires the federal government to tolerate different views in society to thrive. Citizens shouldn’t fear victimization by state apparatus for expressing their views on a broad spectrum of issues. The rule of law also ensures mass media freedom, including radio, newspapers, televisions, social media, and news portals.
- Availability of economic and social amenities
For the rule of law to flourish, there should be presence of economic and social amenities for citizens to delight in. Such facilities include education, health, public toilets in vantage points, etc.
How to apply the rule of law and American legal principles to your life
The Rule of Law in American Life is a legal guide that will help you understand the law and your rights within it. If you live in America, this website takes a deeper look at the rule of law and will teach you the basic laws that affect your life and how to exercise them.
For example, a driver has to follow the set laws while driving. These include observing the speed limits of each road, signaling before changing lanes, driving while sober, wearing seatbelts, obeying road signs, etc. These laws have been put in place to ensure the safety of all road users.
How the rule of law has shaped and continues to shape America
In the past several months, there have been inquiries in how America is committed to the rule of law. For example, the black lives matter movement sparked an unparallel examination of America’s commitment to protecting black lives. Times like these places immense pressure on adhering to the rule of law. However, adherence to the rule of law doesn’t mean that legal systems won’t have errors.
Even with this and other events taking place, it is evident that many citizens still support the concept of adherence to the rule of law. America continues to be shaped by these challenges. This website gives an in depth explanation on courts and constitutional interpretation.
Conclusion
The Rule of Law is a written set of laws that must be in place for any society to function. However, it is also the guiding principle or philosophy of law applied in a society or group. The rule of law is enforced through legislation, judicial, and executive decisions, among other means. In this part of the guide, we discuss how the Rule of Law will be applied in American life in 2022.
