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The concept of the rule of law

Oct 24,2016 - Last updated at Oct 24,2016

The rule of law is a multidisciplinary, complex concept that involves various aspects of daily life and legal rights, from contracts and dispute resolution to health and education, security and the environment to labour and public utilities, including the management of state affairs.

It is a fundamental guarantor of individual rights and basic freedoms in any political system.

The ultimate function of the rule of law is to protect the safety and security of members of the community, by resolving their disputes based on law, and to secure their well-being and economic interests and prosperity as well as the sustainability of their resources.

The rule of law as a legal concept was mentioned by many ancient philosophers, jurists and judges, since the time of the Greeks all the way to the modern era.

It later evolved in the jurisprudence of Anglo-Saxon theory as well as in Latin (including French) and Germanic theories. 

Comparative research in this area posits that commonalities between theories revolve around three basic concepts: the principle that the law shall govern relations within the society and not the arbitrary decisions of the rulers or government officers; all persons and individuals are subject to the law, including public officials, legal entities and individuals; all persons are accountable under the law which is applied evenly to all.

Some theories add other elements, including that the same law be issued by a freely elected body, be made public and that legal disputes be decided by an independent and impartial judiciary.

The “rule of law” in Anglo Saxon theory is equivalent with the concept of “l’etat de droit” in French and “Rechtsstaat” in German jurisprudence.

The concept is that the state is subject to the law in all aspects, particularly in respect to legislation, administration or the judiciary through respect for the doctrine of the rule of law and the hierarchy of legal rules — the Constitution being the supreme law, followed by acts of Parliament and regulations set by council of ministers, ending with instructions or decisions issued by officials of the state.

Second comes the separation of powers to guarantee the rights and freedoms of individuals and the distribution of power across the three branches of the state: legislative, executive and judiciary.

Third is legislative oversight to ensure the independence and impartiality of the judiciary and, finally, equality before the law.

In analysing His Majesty King Abdullah’s Sixth Discussion Paper on the rule of law, one finds that it adds a set of elements that make up the basic features of the Hashemite Kingdom of Jordan, as seen by His Majesty’s vision for the country.

In essence, it encapsulated a broader set of individual rights for people under the law to include: fairness, integrity and transparency in its application as well as respect for the Constitution, without overlooking the importance of adhering to the codes of conduct and work ethics in the apparatus of the state.

One simply cannot imagine the creation of a modern civil state without having the rule of law as its underlying backbone.

This link between the rule of law and the state was made when His Majesty stated that “the rule of law is the pillar on which the country of Jordan stands upon”, reinforcing the notion that religion is the source of its values and ethics and should be kept away from politicisation and exploitation.

Therefore, applying of the rule of law across all aspects of the country’s affairs is paramount to achieve Jordan’s goals and objectives of justice and of combating anarchy and extremism. 

 

 

The writer, PhD in business law from the Université de Nantes, France, focuses his practice on corporate, finance, infrastructure and transactional matters. He contributed this article to The Jordan Times.

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