Knowledge Builders

why should the rule of law be respected in a democracy

by Dr. Keeley Morissette Published 3 years ago Updated 2 years ago
image

The rule of law is a critical factor for the advancement of democracy, rooted in equal rights and accountability. By strengthening the rule of law, we protect the rights of all people, advance inclusiveness, and limit the arbitrary exercise of power, which are the cornerstones of modern democracy.

Rule of Law in a democratic institution allows governments to work their will through general legislation, and then to be subject to that legislation themselves. Democratic stability depends on the self-enforcing equilibrium of the Rule of Law, which is often inherently vulnerable.Aug 13, 2021

Full Answer

Why is the rule of law important in a democracy?

The rule of law is a critical factor for the advancement of democracy, rooted in equal rights and accountability. By strengthening the rule of law, we protect the rights of all people, advance inclusiveness, and limit the arbitrary exercise of power, which are the cornerstones of modern democracy. Rule of Law & Ethical Investing.

How does the rule of law encourage good governance?

In this sense, the rule of law seems to encourage governance through democracy created for and by the people, as much as it stands in stark contrast to the concepts of dictatorship, autocracy and oligarchy where those in positions of power and governance conduct their affairs outside and above of the purview of the law.

Are democracy and the rule of law mutually reinforcing processes?

Building democracy and the rule of law may be mutually reinforcing processes. The rule of law is a critical factor for the advancement of democracy, rooted in equal rights and accountability.

Would there be a democracy without the rule of law?

So no, no democracy without the rule of law. Without rule of law, the least among us would have no right to criticize the greatest among us. Without rule of law, the least among us would have no ability to enforce their rights against attempts by the greatest among us to take them...

image

Why is the rule of law important for a democracy?

Although no society or government system is problem-free, rule of law protects fundamental political, social, and economic rights and reminds us that tyranny and lawlessness are not the only alternatives. Rule of law means that no individual, president or private citizen, stands above law.

Why should we respect our rule of law?

Governments need to have good laws, institutions and processes in place to ensure accountability, stability, equality and access to justice for all. This ultimately leads to respect for human rights and the environment. It also helps lower levels of corruption and instances of violent conflict.

How is rule of law regarded in a democracy?

The ancient Greek philosopher Aristotle stated succinctly that “Law should govern.” In simple terms, democracy focuses on how societies select those who will hold power, while the rule of law is concerned with how political power is exercised.

What do you mean by rule of law and respect for rights in democracy?

In a democracy, the Rule of law states that all laws apply equally to all citizens of the country and no one can be above the law. The law is equal and similar for all, be it a government official, a wealthy person or even the President, none of them are above the law.

What does it mean to respect the rule of law?

Strengthening the rule of law involves respect for the norms of international law, including on the use of force, and recognition of the primary responsibility of States to protect their populations from genocide, crimes against humanity, ethnic cleansing and war crimes.

What is respect for rule of law?

it is generally implicit in the rule of law that laws and regulations are written ,publicly disclosed and fairly enforced according to established procedures. In the context of social responsibility ,respect for the rule of law means that an organization complies with all applicable laws and regulations .

Can there be democracy without rule of law?

The Deputy President of the Senate, Ike Ekweremadu, has said that no democracy in the world can survive without strict adherence to the rule of law. This is contained in a statement signed by his Special Adviser on Media, Uche Anichukwu, and issued to journalists on Saturday in Abuja.

What is the significance of the rule of law and respect for rights in democratic country Toppr?

The correct meaning of the rule of law is equality before the law. The term equality before the law means each one must be treated equally by the law and all people are subject to the same laws of justice.

What is the significance of the rule of law and respect for rights in democratic country state any four points?

It has to respect some basic rules. In particular it has to respect some guarantees to the minorities. Every major decision has gone through a series of consultation. Every office bearer has certain rights and responsibilities assigned by the constitution and the law.

How can we say that rule of law and respect for rights were not followed in Zimbabwe?

(iii) In a democracy people and opposition can criticize the government but this is not allowed in Zimbabwe. The example of Zimbabwe shows that popular approval of the rulers is necessary in a democracy but it is not sufficient. Popular governments can be undemocratic.

How did Zimbabwe attain rule of law and respect for rights?

Rule of Law and Respect for Rights: From the case of Zimbabwe, this feature of democracy can be understood in a better way. Zimbabwe attained independence from White minority rule in 1980. From then onwards, the country has been ruled by ZANU-PF. It is the party that led the freedom struggle.

What is the importance of a democratic rule of law?

High-quality democracy requires a truly democratic rule of law that ensures political rights, civil liberties, and mechanisms of accountability which in turn affirm the political equality of all citizens and constrain potential abuses of state power.

Is democracy spreading in the Arab world?

Democracy is spreading everywhere except in the Arab world. Arab elections are an immense masquerade. Corrupt dictatorships seek to stifle freedom of thought and to control the flow of information.

What does "rule of law" mean?

Rule of law means that no individual, president or private citizen, stands above law. Democratic governments exercise authority by way of law and are themselves subject to law's constraints.

Why did democracy go further?

Democracies went further by establishing the rule of law. Although no society or government system is problem-free, rule of law protects fundamental political, social, and economic rights and reminds us that tyranny and lawlessness are not the only alternatives.

How is justice achieved?

Justice is best achieved when the laws are established by the very people who must obey them. Under the rule of law, a system of strong, independent courts should have the power and authority, resources, and the prestige to hold government officials, even top leaders, accountable to the nation's laws and regulations.

Can a citizen be forced to testify against themselves?

If convicted, they may not be subjected to cruel or unusual punishment. Citizens cannot be forced to testify against themselves.

Is equal protection law applicable to all individuals?

Under the requirement of equal protection under the law, the law may not be uniquely applicable to any single individual or group. Citizens must be secure from arbitrary arrest and unreasonable search of their homes or the seizure of their personal property.

Introduction

Thank you for the opportunity to be with you today as we celebrate Law Day 2014 on the subject of "Why Every Vote Matters."

The Rule of Law as the Foundation for Elections

At the heart of the democratic process is the Rule of Law. It goes without saying that the Rule of Law is a condition precedent for the existence of democratic institutions. Elections that produce governments that operate outside the rule of law--examples we see daily on the news, do not represent democratic progress.

Fair and Open Processes for Resolving Disputes

Complaints about the electoral process and the outcome of an election exist in all electoral systems. The source of these complaints may range from individual citizens, non-partisan organizations, political parties and candidates to international monitoring and observing organizations.

The Importance of ADR In Election Disputes

The goal of Alternative Dispute Resolution is to develop means for interested parties to reach agreement. ADR can range from informal, as in meetings with a convener or mediator, to formal processes such as arbitration in which binding decision are made. The type of ADR used in election resolution will depend on the interests to be protected.

Conclusion

We are making progress here and abroad. There are setbacks. In meeting the needs for reform in the protection of rights and the resolution of disputes, analytic tools must be developed. As lawyers we should look to the social and political sciences for metrics for measuring fraud and administrative malpractice.

image

1.Rule of Law & Democracy - Rule of Law Alliance

Url:http://rolalliance.org/rol-alliance-impact/rule-of-law-democracy/

5 hours ago  · Democracy is a system through which the people exercise power through their elected representatives. Which is one of the features of the democracy. And this concept is: THE RULE OF LAW. So, rule of law is important to democracy because it helps to preserve and ensure the core principles of democracy is adhered to.

2.Why is the Rule of Law important to democracy? - Quora

Url:https://www.quora.com/Why-is-the-Rule-of-Law-important-to-democracy

19 hours ago  · A democratic state under the Rule of Law is a state where citizens elect their own leaders, and the government itself is bound by the law, while also helping to ensure that the law is respected among the citizens of the state. Democracy cannot exist without the Rule of Law, especially the rule that dictates who should occupy public office given ...

3.Democracy and the Rule of Law | William & Mary Law …

Url:https://law.wm.edu/academics/intellectuallife/researchcenters/postconflictjustice/internships/internship-blogs/2021/claire-gardner/democracy-and-the-rule-of-law.php

31 hours ago  · High-quality democracy requires a truly democratic rule of law that ensures political rights, civil liberties, and mechanisms of accountability which in turn affirm the political equality of all citizens and constrain potential abuses of state power.

4.The Quality of Democracy: Why the Rule of Law Matters

Url:https://www.journalofdemocracy.org/articles/the-quality-of-democracy-why-the-rule-of-law-matters/

4 hours ago  · Whatever your political persuasion, we live in a democracy, and democracy is a better alternative than any other political system. Democracies have amazing flaws, but one of their great strengths is that they allow transitions of power without bloodshed. The rule of law is integral in making sure that takes place.

5.Videos of Why Should the Rule of Law Be Respected In A Democracy

Url:/videos/search?q=why+should+the+rule+of+law+be+respected+in+a+democracy&qpvt=why+should+the+rule+of+law+be+respected+in+a+democracy&FORM=VDRE

21 hours ago Democracies went further by establishing the rule of law. Although no society or government system is problem-free, rule of law protects fundamental political, social, and economic rights and reminds us that tyranny and lawlessness are not the only alternatives. Rule of law means that no individual, president or private citizen, stands above law.

6.The Rule of Law — Principles of Democracy

Url:https://www.principlesofdemocracy.org/law

18 hours ago  · The Rule of Law as the Foundation for Elections At the heart of the democratic process is the Rule of Law. It goes without saying that the Rule of Law is a condition precedent for the existence of democratic institutions.

7.American Democracy and the Rule of Law

Url:https://www.americanbar.org/groups/public_interest/election_law/pastprogramming/lawday2014/

20 hours ago

A B C D E F G H I J K L M N O P Q R S T U V W X Y Z 1 2 3 4 5 6 7 8 9