The abiding principle of the Rule of Law / by kevin murray

This isn’t any doubt that societies must have a Rule of Law, for in the absence of such, there is tyranny, oppression, and pretty much those who have power taking advantage of those who are powerless.  That said, not just any law is a good and just law, for those laws that are not fair, logical, purposeful, meaningful, and are both equally and consistently applied, are therefore considered to not be in harmony with what the Rule of Law is constructed around.  Indeed, the Rule of Law necessitates the basic premise, that nobody, and no institution, is above that law, for it applies equally to all, high or low, well-connected or not, and further to the point, those with power, influence, and money, are with a vigorous and vibrant Rule of Law, definitely accountable to those same laws.  In other words, the Rule of Law, in order for the people to have respect for it, and therefore obedience to such, must consist of laws that are sensible, fair, necessary, and are also no respecter of persons.

 

Regrettably, there probably isn’t a society in which the Rule of Law, is actually equally applied to all, for people and institutions have a habit of creating good laws, but within those same laws, there are certain people and institutions, that are treated more favorably and therefore differently than the general public, which thereupon is detrimental to the good governance of those same people, for whenever a specific law is applied in one way to one person, but another way to another person, in which the upshot is that there is a distinct inconsistency between the two when it comes to the justice of such -- that therefore the law is thereby being capriciously interpreted, so done in a manner in which those who are outside the power structures of the day are, for instance, treated far more harshly than those, that are within that power structure, thus signifying that the Rule of Law isn’t operating correctly.

 

We live in a society, in which we are told to obey the law, but that law is unequally applied, of which, for all intents and purposes, some seem to have impunity to certain aspects of the law and are thus never held to account for it. This, therefore, signifies that the law is basically being used as a cudgel against certain elements of society, while not being enforced against others.  In a just society, there is a Rule of Law that applies to everyone, and all those who are accustomed to favorable treatment or believe that their status provides them with a perpetual “get out of jail” card, should recognize that whenever the law is not being appropriately applied to them, then it shouldn’t be applying to anyone else either, for at least then, it would be consistent.

 

The abiding principle of the Rule of Law is that nobody or no institution is above the law – for when that sensible rule is broken there effectively is hypocrisy, dishonesty, injustice, and unfairness, which makes for a society that will not respect the law because the law does not respect them.