Upholding the Rule of Law: in the Social Security Administration, an Agency at War with Itself

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They do not think it is possible to sharply separate our political ideals in the way Raz seems to suppose. Generality—proceeding according to a rule—is often said to contain the germ of justice Hart And, stability, publicity, clarity, and prospectivity indicate a pretty fundamental connection between the Rule of Law and the conditions of liberty. We have to be careful, however, to distinguish between allegedly substantive requirements of the Rule of Law and specification of the deeper values that underlie and motivate the ideal even in its formal and procedural requirements.

Some jurists believe that there is a special affinity between the Rule of Law and the vindication and support of private property.

The commitment to such processes is the essence of the rule of law. Others, like Richard Epstein But they think nevertheless that a contingent connection between the Rule of Law and private property can be established by showing that the forms of regulation defenders of private property are concerned about tend to be forms of regulation that the Rule of Law, even on a more austere conception, prohibits. What was missing was the substantive component of the rule of law.

The process by which the laws were made was not fair only whites, a minority of the population, had the vote. And the laws themselves were not fair. They institutionalized discrimination, vested broad discretionary powers in the executive, and failed to protect fundamental rights. World Justice Project On the other hand, as we have seen, Joseph Raz []: Those considerations, he said, are better understood as independent dimensions of assessment.

A state which savagely represses or persecutes sections of its people cannot in my view be regarded as observing the rule of law, even if the transport of the persecuted minority to the concentration camp or the compulsory exposure of female children on the mountainside is the subject of detailed laws duly enacted and scrupulously observed. And many liberals are inclined to follow them in that.

But this is not the only possibility. Many associate the Rule of Law with a presumption of liberty or the principle of human dignity. Others—Arthur Chaskalson hinted at this—associate the Rule of Law with a substantive dimension of democracy. All this sounds an analytic danger signal. Those who favor property rights and market economy will scramble to privilege their favorite values in this regard. But so will those who favor human rights, or those who favor democratic participation, or those who favor civil liberties or social justice.

The result is likely to be a general decline in political articulacy, as people struggle to use the same term to express disparate ideals. Most fundamentally, people value the Rule of Law because it takes some of the edge off the power that is necessarily exercised over them in a political community. In various ways, being ruled through law, means that power is less arbitrary, more predictable, more impersonal, less peremptory, less coercive even. It establishes what Fuller Connected with this, the Rule of Law is valuable and important because it establishes an environment that is conducive to liberty.

My action can hardly be regarded as subject to the will of another person if I use his rules for my own purposes as I might use my knowledge of a law of nature, and if that person does not know of my existence or of the particular circumstances in which the rules will apply to me or of the effects they will have on my plans. Hayek also maintained that requirements of clarity, prospectivity and so on make an important contribution to predictability, which he thought was indispensable for individual freedom.

Predictability is often cited as a Rule-of-Law virtue. In his well-known recent book on the subject, Tom Bingham indicated that one of the most important things people needed from the law that governed them was predictability in the conduct of their lives and businesses.

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He quoted Lord Mansfield to the effect that. Lord Mansfield in Vallejo v. Wheeler 1 Cowp. These conceptions claim to bring a certain air of reality to our discussions of freedom. There may be no getting away from legal constraint in the circumstances of modern life, but freedom is possible nevertheless if people know in advance how the law will operate and how they have to act to avoid its application. Knowing in advance how the law will operate enables one to make plans and work around its requirements see Hayek The Rule of Law is violated, on this account, when the norms that are applied by officials do not correspond to the norms that have been made public to the citizens or when officials act on the basis of their own discretion rather than norms laid down in advance.

So we need a basis for expectation. It is hence that we have the power of forming a general plan of conduct; it is hence that the successive instants which compose the duration of life are not isolated and independent points, but become continuous parts of a whole. Bentham [, ]: The establishment of expectations, said Bentham, is largely the work of law, and the security of expectations is a vital constraint on the action of law: Joseph Raz and Lon Fuller took the point about freedom even further.

The Rule of Law

To embark on the enterprise of subjecting human conduct to rules involves … a commitment to the view that man is … a responsible agent, capable of understanding and following rules…. To judge his actions by unpublished or retrospective laws, or to order him to do an act that is impossible, is to convey … your indifference to his powers of self-determination.

Procedural principles capture a deep and important sense that law is a mode of governing people that treats them as though they had a perspective of their own to present on the application of norms to their conduct and situation. Applying a norm to a human individual is not like deciding what to do about a rabid animal or a dilapidated house. It involves paying attention to a point of view. As such it embodies a crucial dignitarian idea—respecting the dignity of those to whom the norms are applied as beings capable of explaining themselves. No account of the Rule of Law is complete if it does not mention the ways in which this ideal is deprecated.

The laudatory history of the Rule of Law in the work of thinkers like Aristotle, Locke, Dicey, Hayek and Fuller has been matched by opponents of legality such as Plato in The Statesman , Thomas Hobbes at least if the Rule of Law is supposed to take us beyond rule by law , and Carl Schmitt in his attack on parliamentarism and on the liberal assumption that rules can prevail even under conditions of endemic crisis. The criticism by Plato c. From his perspective, which extolled the application of focused intelligence and insight by those in power, insistence upon the use of law in government was.

Rules themselves were part of the problem: These concerns are echoed in the work of modern legal pragmatists like Posner who place much more faith in insight of judges into new situations than in the application of established rules or strained analogies with ancient precedents. Echoes of the Platonic critique are also heard in those who privilege decisive executive decision-making in times of crisis, especially if the crises seem to be successive and unending Schmitt ; Posner and Vermeule The sense of what good law-making and ordinary legal administration require conveyed by the principles of the Rule of Law is sometimes criticized as archaic.

Partisans of the Rule of Law often think in terms of clearly drafted and prospective measures promulgated as norms that can stand in the name of the whole community and form a publicly acknowledged framework for their actions and transactions. But this is not really how law operates in the modern world. As Rubin points out, a great deal of modern legislation consists simply of a frame-working statute authoring agencies to develop much more detailed rules which are conveyed to the public—to the extent that is necessary—by modes of communication much more complex and nuanced than those envisaged in traditional models of the Rule of Law.

But it has little or nothing to do with the way law actually operates or the way legislatures communicate with agencies and agencies in turn communicate with those whose actions and businesses they supervise Rubin At the same time, there are concerns about the mentality that is fostered by an excessive emphasis on the Rule of Law. In its most extreme form, the Rule of Law can have the effect of closing down the faculty of independent moral thought in the officials the judges, for example: Sometimes it is important, for the sake of clear and courageous moral judgment, not to exaggerate the importance of something being required by law.

Other concerns about the mentality fostered by the Rule of Law include concerns about legalism and the tendency to over-formalize or over-bureaucratize relationships that are more healthily conceived in terms that are more informal. This is not just a matter of legalizing the personal realm; it is also a matter of understanding, for example, the damage that can be done to relations between officials like social workers and vulnerable clients by replacing bringing in rigid rules to replace relatively informal professional norms Simon As well as these debates about the value of the Rule of Law there is, within the camp of those who stand for legality, incessant controversy about what the Rule of Law requires.

I have mentioned the general debates between defenders of formal, procedural, and substantive conceptions. There are also a number of particular debates. How far should it be the mission of the Rule of Law to eliminate or reduce the amount of discretion in the way a society is governed?

Some jurists, like Dicey and to a lesser extent Hayek insist that official discretion is inherently antithetical to the Rule of Law.

2. The Contestedness of the Rule of Law

Others, like Davis , condemn this as an extravagant position, arguing that discretion is ineliminable in the modern administrative state. The rule of the Rule of Law is not to eliminate discretion, but to ensure that it is properly framed and authorized, and that the application of rules and judicial procedures is preserved for those cases where liberty and well-being are most seriously at stake. A similar question arises with regard to the use of norms that have the character of standards rather than rules.

Legal systems use both types of norm Sunstein ; they use standards for cases where the appropriate decision may vary with ambient circumstances and it seems better to trust the judgment of those who face a particular situation, rather than laying it down in advance. At the same time standards allow for less certainty in the law, especially when it is difficult for the person attempting to comply with the norm to predict how his judgment will be viewed by an official or by a court.

Whether he is right depends partly on how far we take the Rule of Law to be wedded to predictability: Sometimes situations can be governed and disputes settled by informal social norms rather than by positive law, formally enacted and enforced Ellickson Opinions differ as to whether this should be regarded as something altogether different from the Rule of Law. On the one hand, it looks like a genuine alternative, and little is gained by assimilating its desirable features, such as they are, to Rule-of-Law requirements.

On the other hand, it does have something in common with understandings of customary law and conceptions of the Rule of Law like that of Hayek that try to separate themselves from enactment and legislation. This makes social participation in the integrity and upholding of law more likely Cooter The closer this mapping, the less of an investment there has to be in formal legal promulgation: However, one has to be very cautious with this.

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Modern law is inevitably technical in ways that far outstrip the possibilities of intuitive understanding Weber []: The best that can be hoped for is some sort of occasional consonance between enacted law and informal understandings, and the sporadic character of that may well heighten rather than reduce unpredictability. Is it reasonable to use the Rule of Law to evaluate the way a society responds to emergencies? It is often thought that emergencies require forms of state action that are more peremptory and less procedurally laborious than those required in normal times.

As a matter of fact, a number of possibilities have been discussed Scheuerman One is to insist, in the name of the Rule of Law, that existing constitutional safeguards should remain in force; that, after all, is what they were designed for and these situations are where they are most urgently needed. Alternatively, in emergencies, one might rely on a general spirit of flexibility and circumstantial sensitivity in state action that is encouraged even in normal times.

On this second option, the Rule of Law does not present itself as a major constraint on the flexibility of state action in face of danger. As a third option, one might seek to preserve something like the Rule of Law by laying down in advance specific legal rules to govern emergencies—rules that suspend ordinary civil liberties guarantees for example or authorize widespread discretion on the part of officials to undertake action that would normally be governed by general rules of law.

Machiavelli proposed a version of this in his Discourses , extolling the institution of dictator in the Roman republic. This option has the advantage of predictability; but its disadvantage is that it endorses a sort of Rule-of-Law- lite , which may eventually infect or supersede the conception of the Rule of Law that is supposed to be normally applicable.

The Rule of Law applies not only within national polities but also increasingly between them, but in this arena its use remains under-theorized for a helpful discussion, see Crawford Much of the work that has been done on the international Rule of Law simply adopts uncritically the perspective of those who say, at the national level, that the Rule of Law requires determinacy, clarity, and predictability see Chesterman But this may be misconceived when we are talking about states rather than individuals as the subjects of law Waldron b.

States are in a much better position to be informed of what their legal requirements are than individual men and women in society, since they are parties to the treaties and practices that establish international law. Maybe, though, this point does not hold to the same extent when we consider the murky depths of customary international law.

Anyway, the liberty of an individual state is not such an important value as the liberty of an individual person. It is not clear that national states need protection from international law and the power that it represents in the way that ordinary men and women need protection from the exercise of political power in society. Moreover, in areas like international human rights law, any presumption based on the Rule of Law in favor of the liberty of national states will tend to have detrimental effects on the liberty or well-being of individual men and women.

We have to be careful therefore that invocation of the Rule of Law in the international realm does not undermine the values that are supposed to be secured by this ideal within national polities. It remains controversial whether international institutions themselves—like the United Nations and its agencies—should be bound by the Rule of Law. This odd because these agencies are among the most vociferous advocates of the Rule of Law so far as its application to national states is concerned.

The reluctance here stems in large part from an estimation of the importance of diplomatic immunity. UN officials worry that if they and their agencies are held legally liable for malfeasances of various kinds associated with peace-keeping activities, there is a danger that the whole basis of international action might unravel. The danger is probably exaggerated, however, and those who make this argument would not for a moment countenance a similar argument in the sphere of national states. The Rule of Law is often cited as the key to nation-building and to the establishment of new democracies.

Rule of law

Indeed it is often argued e. It is said that a legal system in a developing country dominated by legislative action will neither inspire the confidence nor establish the stability that modern governance and investment require. For discussion of these arguments, see Carothers and—more critically—Carothers This raises once more the question of relation between the Rule of Law and legislation—only now it takes us also in the direction of considering an rather uncomfortably direct trade-off between Rule of Law values and democracy.

Finally, an analytic question. What is the relation between the Rule of Law and the concept of law? A case can be made—controversial, no doubt—for bringing the two of them together see Waldron and also Simmonds The concept of law could be understood to embrace the fundamental elements of legality, though this identification looks less plausible the more substantive the conception of the Rule of Law is held to be. Otherwise we lose our sense of the institutional distinctiveness of law as a way of ruling a society.

We saw earlier that Lon Fuller and envisaged a connection along these lines. So, in his later work did Ronald Dworkin. Dworkin asked us to consider a situation in which judges and lawyers were grappling with hard issues of interpretation or with difficult dilemmas posed by multiple sources of law. He said that in such cases, we might say that what was required as a matter of law might be different from what was required as a matter of justice. That is a familiar separation even if Dworkin thought it was narrower and more blurred than most legal positivists believed.

But he said, it would make no sense to say that what was required as a matter of legality or respect for the Rule of Law was different from what the legal solution was to this case. To figure out the legal solution we have to address the various legal and political materials precisely in light of our commitment to legality. A conception of legality is … a general account of how to decide which particular claims are true…. We could make little sense of either legality or law is we denied this intimate connection. However this is not the received position.

According to Joseph Raz and others you cannot understand what the Rule of Law is unless you already and independently understand what law is and the characteristic evils that law is likely to give rise to which the Rule of Law tries to prevent. On this account, legality represents a particular set of concerns about law that have emerged in our civilization.

Bentham, Jeremy constitutionalism Hayek, Friedrich law: One Ideal among Others 2. The Contestedness of the Rule of Law 3. History of the Rule of Law 3. Rule of Law and Rule by Law 5. Formal, Procedural and Substantive Requirements 5. The Values Underlying the Rule of Law 7. Opposition to the Rule of Law 8. Controversies about Application 8. One Ideal among Others The Rule of Law is one ideal in an array of values that dominates liberal political morality: The Contestedness of the Rule of Law The most important demand of the Rule of Law is that people in positions of authority should exercise their power within a constraining framework of well-established public norms rather than in an arbitrary, ad hoc , or purely discretionary manner on the basis of their own preferences or ideology.

History of the Rule of Law The Rule of Law has been an important ideal in our political tradition for millennia, and it is impossible to grasp and evaluate modern understandings of it without fathoming that historical heritage. Though he formulated the question of whether it was better to be ruled by the best man or the best laws, he approached that question realistically, noting that it depended not only on the type of law one was considering but also on the type of regime that enacted and administered the law in question Politics b But Aristotle did maintain that law as such had certain advantages as a mode of governance.

Moreover, laws are made after long consideration, whereas decisions in the courts are given at short notice, which makes it hard for those who try the case to satisfy the claims of justice. Rhetoric b There were, he conceded, some cases so fraught with difficulty that they could be handled by general rules—cases that required the focused insight of particular judges; he used the term epieikeia sometimes translated as equity.

He associated this sort of respect with a monarchy ruling by law, as opposed to despotism: For Dicey, the key to the Rule of Law was legal equality: His first principle of the Rule of Law was: But whether this connection held or not, he also wanted to insist that the complete absence of respect for formal criteria of legality might deprive a system of power of its status as law: But the two accounts of the moral significance of law were connected in a way that John Finnis explained: Rule of Law and Rule by Law Some theorists draw a distinction between the Rule of Law and what they call rule by law see e.

Formal, Procedural and Substantive Requirements Theorists of the Rule of Law are fond of producing laundry lists of the principles it comprises. He quoted Lord Mansfield to the effect that [i]n all mercantile transactions the great object should be certainty: Opposition to the Rule of Law No account of the Rule of Law is complete if it does not mention the ways in which this ideal is deprecated. From his perspective, which extolled the application of focused intelligence and insight by those in power, insistence upon the use of law in government was like a stubborn, stupid person who refuses to allow the slightest deviation from or questioning of his own rules, even if the situation has in fact changed and it turns out to be better for someone to contravene these rules.

Statesman b—c Rules themselves were part of the problem: Controversies about Application As well as these debates about the value of the Rule of Law there is, within the camp of those who stand for legality, incessant controversy about what the Rule of Law requires. Hayek suggests that [o]ne could write a history of the decline of the Rule of Law … in terms of the progressive introduction of these vague formulas into legislation and jurisdiction.

Bibliography Aristotle, The Politics c. Cambridge University Press, This was originally published in French translation done by Etienne Dumont in and translated back into English in by Richard Hildreth , the latter is the translation used in the Ogden edition. Johns Hopkins University Press. Edward Elgar Publications, pp. Slavery and the Judicial Process , New Haven: Page numbers are from the version based on the 8 th edition , Indianapolis: How Neighbors Settle Disputes , Cambridge: Sacks, , The Legal Process: Problems in the Making and Application of Law , Westbury: University Of Chicago Press.

University of Chicago Press. University of Chicago Press, Barnes and Noble, Plato, The Statesman , c. Posner, E, and A. Vermeule, , The Executive Unbound: After the Madisonian Republic , Oxford: Oxford University Press, In Cambodia, judges are proxies for the ruling political party That a judge may harbor political prejudice or apply the law unevenly are the smallest worries for an ordinary criminal defendant in Asia. More likely ones are: Will the police fabricate the evidence? Will the prosecutor bother to show up?

Will the judge fall asleep?

Will I be poisoned in prison? Will my case be completed within a decade? In countries such as China and Vietnam, the transition to a market economy has been a major factor in a move toward the rule of law, because the rule of law is important to foreign investors and to economic development.

It remains unclear whether the rule of law in countries like China and Vietnam will be limited to commercial matters or will spill into other areas as well, and if so whether that spillover will enhance prospects for related values such as democracy and human rights. In Thailand, a kingdom that has had a constitution since the initial attempt to overthrow the absolute monarchy system in , the rule of law has been more of a principle than actual practice.

In India, the longest constitutional text in the history of the world has governed that country since Although the Constitution of India may have been intended to provide details that would limit the opportunity for judicial discretion, the more text there is in a constitution the greater opportunity the judiciary may have to exercise judicial review. Japan had centuries of tradition prior to World War II , during which there were laws, but they did not provide a central organizing principle for society, and they did not constrain the powers of government Boadi, As the 21st century began, the percentage of people who were lawyers and judges in Japan remained very low relative to western Europe and the United States, and legislation in Japan tended to be terse and general, leaving much discretion in the hands of bureaucrats.

The Statute of the Council of Europe characterizes the rule of law as one of the core principles which the establishment of the organization based on. The paragraph 3 of the preamble of the Statute of the Council of Europe states: In , an event took place in New Delhi and speaking as the International Commission of Jurists , made a declaration as to the fundamental principle of the rule of law.

The event consisted of over judges, lawyers, and law professors from 53 countries. This later became known as the Declaration of Delhi.

1. One Ideal among Others

During the declaration they declared what the rule of law implied. They included certain rights and freedoms, an independent judiciary and social, economic and cultural conditions conducive to human dignity. The one aspect not included in The Declaration of Delhi, was for rule of law requiring legislative power to be subject to judicial review. The Secretary-General of the United Nations defines the rule of law as: It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.

The General Assembly has considered rule of law as an agenda item since , with renewed interest since and has adopted resolutions at its last three sessions. The Council of the International Bar Association passed a resolution in endorsing a substantive or "thick" definition of the rule of law: An independent, impartial judiciary; the presumption of innocence; the right to a fair and public trial without undue delay; a rational and proportionate approach to punishment; a strong and independent legal profession; strict protection of confidential communications between lawyer and client; equality of all before the law; these are all fundamental principles of the Rule of Law.

Accordingly, arbitrary arrests; secret trials; indefinite detention without trial; cruel or degrading treatment or punishment; intimidation or corruption in the electoral process, are all unacceptable. The Rule of Law is the foundation of a civilised society. It establishes a transparent process accessible and equal to all. It ensures adherence to principles that both liberate and protect. The IBA calls upon all countries to respect these fundamental principles.

It also calls upon its members to speak out in support of the Rule of Law within their respective communities. As used by the World Justice Project , a non-profit organization committed to advancing the rule of law around the world, the rule of law refers to a rules-based system in which the following four universal principles are upheld: The World Justice Project has developed an Index to measure the extent to which countries adhere to the rule of law in practice.

The WJP Rule of Law Index is composed of 9 factors and 52 sub-factors, and covers a variety of dimensions of the rule of law—such as whether government officials are accountable under the law, and whether legal institutions protect fundamental rights and allow ordinary people access to justice. The International Development Law Organization IDLO is an intergovernmental organization with a joint focus on the promotion of rule of law and development.

It works to empower people and communities to claim their rights, and provides governments with the know-how to realize them. More than a matter of due process, the rule of law is an enabler of justice and development. The three notions are interdependent; when realized, they are mutually reinforcing. For IDLO, as much as a question of laws and procedure, the rule of law is a culture and daily practice. It is inseparable from equality, from access to justice and education, from access to health and the protection of the most vulnerable.

It is crucial for the viability of communities and nations, and for the environment that sustains them. The International Network to Promote the Rule of Law INPROL is a network of over 3, law practitioners from countries and organizations working on rule of law issues in post-conflict and developing countries from a policy, practice and research perspective. Members may post questions, and expect a response from their fellow rule of law practitioners worldwide on their experiences in addressing rule of law issues.

The rule-of-law movement cannot be fully successful in transitional and developing countries without an answer to the question: It is useful to distinguish between the two methods of corruption of the judiciary: The standards of constitutional economics can be used during annual budget process , and if that budget planning is transparent then the rule of law may benefit.

The availability of an effective court system, to be used by the civil society in situations of unfair government spending and executive impoundment of previously authorized appropriations, is a key element for the success of the rule-of-law endeavor. The Rule of Law is especially important as an influence on the economic development in developing and transitional countries.

To date, the term "rule of law" has been used primarily in the English-speaking countries, and it is not yet fully clarified even with regard to such well-established democracies as, for instance, Sweden, Denmark, France, Germany, or Japan. A common language between lawyers of common law and civil law countries as well as between legal communities of developed and developing countries is critically important for research of links between the rule of law and real economy.

The "rule of law" primarily connotes "protection of property rights". Hayek analyzed how the rule of law might be beneficial to the free market. Hayek proposed that under the rule of law, individuals would be able to make wise investments and future plans with some confidence in a successful return on investment when he stated: Within the known rules of the game the individual is free to pursue his personal ends and desires, certain that the powers of government will not be used deliberately to frustrate his efforts.

Studies have shown that weak rule of law for example, discretionary regulatory enforcement discourages investment. Economists have found, for example, that a rise in discretionary regulatory enforcement caused US firms to abandon international investments. The most important idea of the Roerich Pact is the legal recognition that the defense of cultural objects is more important than the use or destruction of that culture for military purposes , and the protection of culture always has precedence over any military necessity.

It was the first international treaty signed in the Oval Office. As of June , it has been ratified by states. The rule of law can be hampered when there is a disconnect between legal and popular consensus. An example is intellectual property. Under the auspices of the World Intellectual Property Organization , nominally strong copyright laws have been implemented throughout most of the world; but because the attitude of much of the population does not conform to these laws, a rebellion against ownership rights has manifested in rampant piracy , including an increase in peer-to-peer file sharing.

The Rule of Law has been criticised by several scholars, authors, philosophers and activists as unrealistic, hypocritical or dangerous. Author Peter Gelderloos argues that attempting to create a specialised class of judicial authority that is separate from the community will inevitably lead to corruption. He points out that nonviolent drug-related offences receive far more police and media attention than workplace injuries or pollution, which kill far more people each year.

He argues that restorative justice is a far more effective and humane alternative to prisons, courts and the police. From Wikipedia, the free encyclopedia. For other uses, see Rule of Law disambiguation. Not to be confused with rule according to higher law. Index of politics articles Politics by country Politics by subdivision Political economy Political history Political history of the world Political philosophy.

Political science political scientists. Public policy doctrine Domestic and foreign policy Civil society Public interest. Separation of powers Legislature Executive Judiciary Election commission. Sovereignty Theories of political behavior Political psychology Biology and political orientation Political organisations Foreign electoral intervention. Rule of law in the United Kingdom. The Library of Congress , W. The phrase "the rule of law" is also sometimes used in other senses. See Garner, Bryan A. Black's Law Dictionary , 9th Edition, p.

Black's provides a five definitions of "rule of law": The Great Chief Justice: John Marshall and the Rule of Law , p. The Origins of Modern Constitutionalism , p. The Rule of Law , p. Complete Works By Plato , p. Translated by Michael Grant. Retrieved 5 March The lords place themselves above the law. The law is thereby a monarchical means to control the people, not the people's means to restrain the lords. The lords are by no means on an equal footing with the people. Hence we cannot mention the rule by law proposed by Han Fei in the same breath as democracy and the rule of law advocated today.

The Encyclopedia of Political Theory , page The Concept of Man in Early China. The Ideal Chinese Political Leader: A Historical and Cultural Perspective. Law and morality in ancient China: Justice without Frontiers , p. Islam, Politics and Modernity's Moral Predicament.

The Five Books of Moses: A Translation with Commentary. The Constitutional History of England , vol. Archived from the original on 6 October Retrieved 3 October The Oceana and other works 3 ed. Second Treatise of Civil Government , Ch. On the Rule of Law , p. A Practical Companion to the Constitution , p. American constitutionalism heard round the world, — New York University Press. On the Rule of Law. The Michigan Law Review Association.

The Limits of Political Theory: Middlesex University — School of Law.

Rule of law - Wikipedia

The American Journal of Comparative Law. Asian discourses of rule of law: Rule of Law Dynamics: In an Era of International and Transnational Governance. Retrieved 20 November

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