Rule of Law

The principle of rule of law is a corollary of one person one vote, in that law (presumably determined by direct vote or voter representation) and not personality has authority. Rule by established law (instead of by arbitrary personality) creates predictability in that subject persons know the law better than they can predict the whims of a person. This predictability facilitates social stability, prosperity, and cohesion/positive relations. In this way the law provides a framework where persons can exercise their freedoms to a greater extent.

Rule of Law includes several aspects. In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following: 

“1. Laws must exist and those laws should be obeyed by all, including government officials.

2. Laws must be published. 

3. Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.

4. Laws should be written with reasonable clarity to avoid unfair enforcement.

5. Law must avoid contradictions.

6. Law must not command the impossible.

7. Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.

8. Official action should be consistent with the declared rule.”