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The Rule of Law This paper will discuss the rule

This paper will discuss the rule of law, including the various theories presented on the subject and the criticisms of these theories. Much of the paper will focus upon the liberal democratic theories on the rule of law, since it has largely been examined in this context. Although some argue that a liberal democratic society is not necessary for the development of the rule of law, this paper will argue that only in a liberal democratic society can the rule of law be developed to the fullest extent possible. Thus, this paper will tend to favor a values interpretation of the rule of law, over an institutional approach.

According to most commentators, the rule of law is a doctrine which reconciles the conflicting forces of power and law. Power stands for the possession and application of arbitrary might, while law is represents the limitation of power through institutions and/or individual rights in such a way that conforms with established patterns of expectations and the values of a people. On their own, neither power nor law can form the foundation of a stable government, since power is capricious, coercive, and unpredictable, while law can become inflexible and difficult to adapt to changing conditions. (Walker, 1988, p. 1).

The rule of law is both a description of the existing legal order and an ideal towards which the legal order must move. As an ideal, the rule of law sets a standard for securing certainty in human relations and establishes a mechanism for adapting to change in an orderly fashion. As such, the rule of law has come to be identified primarily with modern liberal democratic countries and the development of theories concerning the rule of law has most notably taken place in western countries. In particular, such theories have evolved in countries which adhere to Anglo-American legal principles and institutions. (Walker, 1988, pp. 1-2).

The definition of the rule of law has not been accomplished w...

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The Rule of Law This paper will discuss the rule. (1969, December 31). In LotsofEssays.com. Retrieved 06:41, March 29, 2024, from https://www.lotsofessays.com/viewpaper/1690558.html