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9. Informal
The rule of law, in a nutshell By Dr. Mahmoud Dugdug
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The Rule of Law
The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. The government and its officials and agents as well as individuals and private entities are accountable under the law. In its simplest form, the rule of law means that “no one is above the law.” It is the foundation for the development of peaceful, equitable and prosperous societies. For the rule of law to be effective, there must be equality under the law, transparency of law, an independent judiciary and access to legal remedy. Yet, about 57% of the world’s population lives outside the shelter of the law. That’s four billion people struggling for basic, human rights on a daily basis.
In communities of greatest needs, rule of law means better public health, rights to adequate food, to adequate housing, to education, to social security, to take part in cultural life, to water and sanitation, to work, and economic development, beside political participation. And other necessary ingredients of human legitimate needs.
The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy. Therefore rule of law is a system in which the following four universal principles are upheld:
1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals, who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
These four universal principles are measures how the rule of law is experienced by ordinary people in about 99 countries around the globe. On the other hand there are some factors to measure how the rule of law is experienced in practical, everyday situations by ordinary people around the world, including but not limited to:
1. Constraints on Government Power.
2. Absence of Corruption.
3. Open Government.
4. Fundamental rights.
5. Order and Security.
6. Regulatory Enforcement.
7. Civil Justice.
8. Criminal Justice.
9. Informal Justice.
Dr. Mahmoud Dogudog
The rule of law is the legal principle that law should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials. The government and its officials and agents as well as individuals and private entities are accountable under the law. In its simplest form, the rule of law means that “no one is above the law.” It is the foundation for the development of peaceful, equitable and prosperous societies. For the rule of law to be effective, there must be equality under the law, transparency of law, an independent judiciary and access to legal remedy. Yet, about 57% of the world’s population lives outside the shelter of the law. That’s four billion people struggling for basic, human rights on a daily basis.
In communities of greatest needs, rule of law means better public health, rights to adequate food, to adequate housing, to education, to social security, to take part in cultural life, to water and sanitation, to work, and economic development, beside political participation. And other necessary ingredients of human legitimate needs.
The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy. Therefore rule of law is a system in which the following four universal principles are upheld:
1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property and certain core human rights.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals, who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
These four universal principles are measures how the rule of law is experienced by ordinary people in about 99 countries around the globe. On the other hand there are some factors to measure how the rule of law is experienced in practical, everyday situations by ordinary people around the world, including but not limited to:
1. Constraints on Government Power.
2. Absence of Corruption.
3. Open Government.
4. Fundamental rights.
5. Order and Security.
6. Regulatory Enforcement.
7. Civil Justice.
8. Criminal Justice.
9. Informal Justice.
Dr. Mahmoud Dogudog
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