CounterPunch Exclusives

CounterPunch Exclusives

Photo by Albert Stoynov

There is one thread that holds the cloth of democracy together.  That is the Rule of Law.  For the most part, we take the rule of law for granted; we don’t give it a second thought, even though we rely on it constantly.  Yet, pull that thread, and the cloth of democracy frays and ultimately unravels.

The rule of law is defined as the principle under which all persons, institutions, and entities are accountable to laws that are: (1) clear and publicly promulgated; (2) equally enforced; (3) independently adjudicated; and (4) are consistent with international human rights principles.

Note that the rule of law is not what the ruler says is law. The ruler—here, the President—is governed by the rule of law and is accountable to it the same as everyone else.

But the rule of law is not just a cookbook of disconnected decrees, laws and regulations.  Rather, it is a system of constitutions, laws, norms and customs that binds all persons, including elected and appointed officials, business entities and secular and sectarian institutions.  The rule of law reflects our society’s values and normative social agreements.

First, as noted above, the rule of law requires that the system consist of laws and rules that are clear and publicized. Vague and ambiguous laws are typically held to be unenforceable or unconstitutional if challenged in court.  The reason is common sense.  If those who are to be bound cannot understand what is required of them, then they cannot be sanctioned for violating a law or rule.  By way of a simple example, what if the law said,........

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