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Requiem for the Rule of Law

16 0
13.08.2025

Photograph by Nathaniel St. Clair

The phrase “Rule of Law” (ROL) is frequently referenced in the major media but seldom defined. Google calls it “a principle under which all persons, institutions and entities are accountable to laws that are: [P]publicly promulgated, [E]equally enforced [and] [I]independently adjudicated.” To me, the rule of law means the legal protection of democratic institutions and individual human rights. It puts legal guardrails on abuses of power against institutions and individuals.

Globally, the ROL is represented by the United Nations, the International Court of Justice (ICJ), the International Criminal Court (ICC), the World Trade Organization (WTO) and by the Second and Fourth Hague Conventions of 1899, the Fourth Hague Convention of 1907 and the Genocide Convention of 1948.

Domestically, we rely on the U.S. Constitution and Supreme Court interpretations to express the Rule of Law. Enforcement relies on adherence to law by individuals and institutions that hold power and by the acceptance by ordinary citizens. In the present environment, the major ROL breaches have occurred in the mass deportations of immigrants, in the punishment of free speech, and in the breakdown of congressionally created government........

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