rule of law 和 rule by law的区别_百度知道
rule of law 和 rule by law的区别
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用法来治 rule by law 的实质是政府高于人民，其实他们是有区别的，人民是消极的被治者。因为是把法单纯作为工具和手段。 rule of law 是 法治 rule by law是 用法来治 法治 rule of law 的实质是人民高于政府，政府服从人民。政府以治者居，治理老百姓。因为法治的“法”反映和体现的是人民的意志和利益，政府运用“法”这一工具和手段来治理国家，人民服从政府rule of law 和 rule by law都可以翻译为法治
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　　1）法制指一个国家的法及其法律制度。因此，而法治却强调一个国家处于依法治理的一种状态。法制的内涵比法治要小的多、资本主义的和社会主义的任何的社会形态之中，我国现在所提倡和努力建立健全的是现代意义上的依法治国和法治国家。法制着重讲的是法的一系列规则、封建的、原则及与此相关的制度，而法治的内容就要丰富的多。　　2）在现代社会条件下，而不是单纯的法制，需要的是法治。法制可以存在于奴隶的，而法治只能存在于民主政治的社会形态中　　Rule of law意思是法治。　　Rule by law意思是法制。　　法制和法治的区别如下
rule of law 和 rule by law的区别：rule of law 和 rule by law都可以翻译为法治，其实他们是有区别的。 rule of law 是 法治 rule by law是 用法来治 法治 rule of law 的实质是人民高于政府，政府服从人民。因为法治的“法”反映和体现的是人民的意志和利益。 用法来治 rule by law 的实质是政府高于人民，人民服从政府。因为是把法单纯作为工具和手段，政府运用“法”这一工具和手段来治理国家，治理老百姓。政府以治者居，人民是消极的被治者。
Rule of law: 法治。针对执法者或所代表的政府而言，任何执法机构要遵守法律。Rule by law: 法制。在这一条件下，法律只是控制民众的工具。所以说，“法制是社会的核心价值”这句话，如果放在一个民主社会就是错误的，应该更正为“法治是社会的核心价值”。
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出门在外也不愁The Law of Cosines (Cosine Rule)
The Law of Cosines (Cosine Rule)
The Law of Cosines (interchangeably known as the Cosine Rule or Cosine Law) is a generalization of the
in that a formulation of the latter can be obtained from a formulation of the Law of Cosines as a particular case. However, all proofs of the former seem to implicitly depend
on or explicitly consider the Pythagorean
Theorem. For example, to be comprehensive, i.e. to cover the case & = 0, the proof below should consider this case separately as it does not follow from the other two (&&90 and &&90). Thus, in the course of the proof of the Cosine Rule one proves directly the Pythagorean Theorem. For this reason I have difficulty asserting that the Cosine Rule implies the Pythagorean Theorem. I'll be extremely curious to learn of any proof of the Cosine Rule completely independent of the Pythagorean Theorem.
Julian Gilbey took an issue with the last sentence: On the Law of Cosines page, you say "I'll be extremely curious to learn of any proof of the Cosine Rule completely independent of the Pythagorean Theorem."
The answer is that there cannot be such a thing: the Law of Cosines is only true in Euclidean Geometry, not in spherical or hyperbolic geometry, so must depend upon the metric of the plane.
And the metric of the Euclidean plane is precisely ds² = dx² + dy², which is equivalent to asserting that Pythagoras holds.
With any other metric, Pythagoras does not hold, and therefore the Law of Cosines cannot hold, either.
However, John Molokach
that does not appear to use the Pythagorean theorem. How can one explain the paradox?
The Law of Cosines
For a triangle with sides a,b, and c and the angle & opposite the side c, one has
c2 = a2 + b2 - 2ab&cos(&)
Following is a proof of the Cosine Rule sent to me by
from the Mount Sinai School of Medicine, NY. In the beginning, when mentioning right triangles, Dr. Broddie refers to
of the Pythagorean Theorem.
If the original triangle is not right, one may still inquire as to the relationship between
the lengths of the sides. To be specific, take as given a and b, the lengths of sides BC and AC,
respectively, and consider the length, c, of side AB, as a function of &, the magnitude of the angle at C.
We will need the two additional forms of the "power of the point" theorem: If two such secant
lines cut the same circle, the product of the distances along each to the near and far
intersection points is the
If two chords of a circle intersect in the
interior of the circle, then the product of the distances from the intersection point to the
circle in each direction along one chord is the same as the analogous product of the distances
to the circle along the other chord.
There are three cases:
If the triangle is acute, construct the three altitudes, and, as before, the circles with
diameters BC and AC. , the foot of the altitude from C to AB and
the two circles coincide at a point, say P, which cuts AB into segments BP and PA of lengths x
and y, respectively. If Q denotes the foot of the altitude from A, angle AQC is right, and Q
lies on the circle with diameter AC. Inspection confirms that QC is of length bcos(&).
Similarly, let R denote the foot of the altitude from B; then R lies on circle BC, and RC is
of length acos(&). Then the Power Theorem for the case of two secants states, for
the power of the point B with respect to circle AC, that a(a&-&bcos(&))&nbsp=&xc;
for the power of the point A with respect to circle BC, we have b(b&-&acos(&))&nbsp=&yc.
Adding the two equations yields immediately a2&+&b2&-&2abcos(&)&=&(x&+&y)c&=&c2,
which is the Law of Cosines.
If the original triangle is obtuse, we have two further cases:
If angle C is obtuse, then the altitude from C cuts side AB say, at P, but the altitudes
from A and B lie outside the triangle. The feet of these altitudes are found at the
intersection of sides BC and AC, produced, with the circles with diameters AC and BC,
call them Q and R. As before, let x and y denote the lengths of BP and PA.
Since angle C is obtuse, cos(&) is less than zero, and the lengths of RC and QC are
and -acos(&) and -bcos(&), respectively. Then we have for the power of B
with respect to circle AC a(a&-&bcos(&))&nbsp=&xc, and for the
power of A with respect to circle BC b(b&-&acos(&))&nbsp=&yc. As before, adding the two equations yields the
Law of Cosines.
Finally, if angle C is acute, but, say, angle B is obtuse, then the altitude from B cuts
side AC, say at R, but the altitudes from A and C lie outside the triangle, and meet the sides
CB and AB, produced, respectively, at, say Q and P. As before, Q and P lie on the circles with
diameters AC and BC, respectively. Denote the distance BP by z. Since the length of RC
is acos(&), while the length of QC is bcos(&), we have for the power
of A with respect to circle BC b(b&-&acos(&))&nbsp=&(c&+&z)c, while,
using the Power Theorem for an interior point, we have for the power of B with respect to
circle AC a(bcos(&)&-&a)&nbsp=&zc. In this
case, subtracting the second equation from the first yields the Law of Cosines. QED.
Dr. Broddie also supplied a nice "dynamic" figure as a
where moving vertex "C" nicely switches automatically between the various cases of the proof.
can be found elsewhere. One
is a direct generalization of
of the . There is, as well, an
Also, the Cosines Law admits a slightly different form discovered by
that generalizes the Pythagorean theorem in a somewhat different way.
Trigonometry
Copyright &
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Search by google:From Wikipedia, the free encyclopedia
"Rule of Law" redirects here. For other uses, see .
representing both the judicial and legislative aspects of law. The woman on the throne holds a sword to chastise the guilty and a
to reward the meritorious.
surrounds her head, and the
signifies the armor of righteousness and wisdom.
The rule of law is the legal principle that
should govern a , as opposed to being governed by arbitrary decisions of
government officials. It primarily refers to the influence and authority of
within society, particularly as a constraint upon behaviour, including behaviour of government officials. The phrase can be traced back to 16th century , and in the following century the Scottish theologian
used the phrase in his argument against the . The rule of law was further popularized in the 19th century by British jurist . The concept, if not the phrase, was familiar to ancient philosophers such as , who wrote "Law should govern".
Rule of law implies that every citizen is subject to the law, including law makers themselves. In this sense, it stands in contrast to an , , or
where the rulers are held above the law. Lack of the rule of law can be found in both democracies and dictatorships, for example because of neglect or ignorance of the law, and the rule of law is more apt to decay if a government has insufficient corrective mechanisms for restoring it. Government based upon the rule of law is called .
Although credit for popularizing the expression "the rule of law" in modern times is usually given to , development of the legal concept can be traced through history to many ancient civilizations, including , , , , and .
In the , the
initially regarded the best form of government as rule by the best men.
advocated a
ruled by an idealized , who was above the law. Plato nevertheless hoped that the best men would be good at respecting established laws, explaining that "Where the law is subject to some other authority and has none of its own, the collapse of the state, in my view, but if law is the master of the government and the government is its slave, then the situation is full of promise and men enjoy all the blessings that the gods shower on a state." More than Plato attempted to do,
flatly opposed letting the highest officials wield power beyond guarding and serving the laws. In other words, Aristotle advocated the rule of law:
It is more proper that law should govern than any one of the citizens: upon the same principle, if it is advantageous to place the supreme power in some particular persons, they should be appointed to be only guardians, and the servants of the laws.
According to the Roman statesman , "We are all servants of the laws in order that we may be free." During the Roman Republic, controversial magistrates might be put on trial when their terms of office expired. Under the Roman Empire, the sovereign was personally immune (legibus solutus), but those with grievances could sue the treasury.
In China, members of the school of
during the 3rd century BC argued for using law as a tool of governance, but they promoted "rule by law" as opposed to "rule of law", meaning that they placed the aristocrats and emperor above the law. In contrast, the
in favor of a
that even the ruler would be subject to.
There has recently been an effort to reevaluate the influence of the Bible on Western constitutional law. In the , there was some language in
imposing restrictions on the Jewish king, regarding such things as how many wives he could have, and how many horses he could own for his personal use. According to Professor , "This legislation was so utopian in its own time that it seems never to have been implemented...." The Deuteronomic social vision may have influenced opponents of the , including Bishop
in sixteenth-century England.
rule of law was formulated in the seventh century, so that no official could claim to be above the law, not even the . However, this was not a reference to
law, but to Islamic
in the form of .[]
In 1215, Archbishop
gathered the Barons in England and forced
and future sovereigns and magistrates back under the rule of law, preserving ancient liberties by
in return for exacting taxes. This foundation for a constitution was carried into the .
The first known use of this English phrase occurred around AD 1500 Another early example of the phrase "rule of law" is found in a petition to
in 1610, from the :
Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government....
In 1607, English Chief Justice
said in the
(according to his own report) "that the law was the golden met-wand and measure to try the ca and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, to which I said, that Bracton saith, quod Rex non debed esse sub homine, sed sub Deo et lege (That the King ought not to be under any man but under God and the law.)."
Among the first modern authors to use the term and give the principle theoretical foundations was
(1644). The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law").
also discussed this issue in his
(1690). The principle was also discussed by
(1748). The phrase "rule of law" appears in 's Dictionary (1755).
In 1776, the notion that no one is above the law was popular during the founding of the United States. For example,
wrote in his pamphlet
that "in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought and there ought to be no other." In 1780,
enshrined this principle in the
by seeking to establish "a government of laws and not of men."
The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world.
The Oxford English Dictionary has defined "rule of law" this way:
The authority and influence of law in society, esp. when viewed as a constraint on individual and ins (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.
Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by .
Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion". Among modern , one finds that at least two principal conceptions of the rule of law can be identified: a
or "thin" definition, and a substantive or "" one occasionally encounters a third "functional" conception. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.
Most legal theorists believe that the rule of law has purely formal characteristics, meaning that the law must be publicly declared, with prospective application, and possess the characteristics of generality, equality, and certainty, but there are no requirements with regard to the content of the law. Others, including a few legal theorists, believe that the rule of law necessarily entails protection of individual rights. Within legal theory, these two approaches to the rule of law are seen as the two basic alternatives, respectively labelled the formal and substantive approaches. Still, there are other views as well. Some believe that democracy is part of the rule of law.
The "formal" interpretation is more widespread than the "substantive" interpretation. Formalists hold that the law must be prospective, well-known, and have characteristics of generality, equality, and certainty. Other than that, the formal view contains no requirements as to the content of the law. This formal approach allows laws that protect democracy and individual rights, but recognizes the existence of "rule of law" in countries that do not necessarily have such laws protecting democracy or individual rights.
The substantive interpretation holds that the rule of law intrinsically protects some or all individual rights.
The functional interpretation of the term "rule of law", consistent with the traditional English meaning, contrasts the "rule of law" with the "." According to the functional view, a society in which government officers have a great deal of discretion has a low degree of "rule of law", whereas a society in which government officers have little discretion has a high degree of "rule of law". Upholding the rule of law can sometimes require the punishment of those who commit offenses that are
but not statutory law. The rule of law is thus somewhat at odds with flexibility, even when flexibility may be preferable.
The ancient concept of rule of law can be distinguished from rule by law, according to political science professor Li Shuguang: "The difference....is that, under the rule of law, the law is preeminent and can serve as a check against the abuse of power. Under rule by law, the law is a mere tool for a government, that suppresses in a legalistic fashion."
The rule of law has been considered as one of the key dimensions that determine the quality and
of a country. Research, like the , defines the rule of law as: "the extent to which agents have confidence and abide by the rules of society, and in particular the quality of contract enforcement, the police and the courts, as well as the likelihood of crime or violence." Based on this definition the Worldwide Governance Indicators project has developed aggregate measurements for the rule of law in more than 200 countries, as seen in the map below. A government based on the rule of law can be called a "nomocracy", from the
nomos (law) and kratos (power or rule).
The preamble of the
says "the governments of European countries which are like-minded and have a common heritage of political traditions, ideals, freedom and the rule of law".
In France and Germany the concepts of rule of law (Etat de droit and Rechtsstaat respectively) are analogous to the principles of constitutional supremacy and protection of fundamental rights from public authorities (see ), particularly the . France was one of the early pioneers of the ideas of the rule of law. The German interpretation is more "rigid" but similar to that of France and the United Kingdom.
explicitly requires rule of law by stipulating that "the exercise of public powers shall be based on an Act. In all public activity, the law shall be strictly observed."
Main article:
In the United Kingdom the rule of law is a long-standing principle of the way the country is governed, dating from
in 1215 and the . In the 19th century, , a constitutional scholar and lawyer, wrote of the twin pillars of the
in his classic work Introduction to the Study of the Law of the Constitution (1885); these two pillars are the rule of law and .
2005 map of , which attempts to measure the extent to which agents have confidence in and abide by the rules of society.
  90–100th percentile*
  75–90th percentile
  50–75th percentile
  25–50th percentile
  10–25th percentile
  0–10th percentile
rank indicates the percentage of countries worldwide that rate below the selected country.
All government officers of the , including the , the , state judges and legislators, and all , pledge first and foremost to uphold the . These oaths affirm that the rule of law is superior to the rule of any human leader. At the same time, the
has considerable discretion: the legislative branch is free to decide what statutes it will write, as long as it stays within its
and respects the constitutionally protected . Likewise, the judicial branch has a degree of , and the executive branch also has various discretionary powers including .
Scholars continue to debate whether the U.S. Constitution adopted a particular interpretation of the "rule of law," and if so, which one. For example, John Harrison asserts that the word "law" in the Constitution is simply defined as that which is legally binding, rather than being "defined by formal or substantive criteria," and therefore judges do not have discretion to decide that laws fail to satisfy such unwritten and vague criteria. Law Professor
disagrees, writing that , , , and the framers of the U.S. Constitution believed that an unjust law was not really a law at all.
Some modern scholars contend that the rule of law has been corroded during the past century by the instrumental view of law promoted by
and . For example, Brian Tamanaha asserts: "The rule of law is a centuries-old ideal, but the notion that law is a means to an end became entrenched only in the course of the nineteenth and twentieth centuries."
Others argue that the rule of law has survived but was transformed to allow for the exercise of discretion by administrators. For much of American history, the dominant notion of the rule of law, in this setting, has been some version of A. V. Dicey's: "no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary Courts of the land." That is, individuals should be able to challenge an administrative order by bringing suit in a court of general jurisdiction. As the dockets of worker compensation commissions, public utility commissions and other agencies burgeoned, it soon became apparent that letting judges decide for themselves all the facts in a dispute (such as the extent of an injury in a worker's compensation case) would overwhelm the courts and destroy the advantages of specialization that led to the creation of administrative agencies in the first place. Even Charles Evans Hughes, a Chief Justice of the United States, believed "you must have administration, and you must have administration by administrative officers." By 1941, a compromise had emerged. If administrators adopted procedures that more-or-less tracked "the ordinary legal manner" of the courts, further review of the facts by "the ordinary Courts of the land" was unnecessary. That is, if you had your "day in commission," the rule of law did not require a further "day in court." Thus Dicey's rule of law was recast into a purely procedural form.
said during the
in 1787 that, "Laws may be unjust, may be unwise, may be dangerous, and yet not be so unconstitutional as to justify the Judges in refusing to give them effect."
agreed that judges "could declare an unconstitutional law void. But with regard to every law, however unjust, oppressive or pernicious, which did not come plainly under this description, they would be under the necessity as judges to give it a free course." Chief Justice
(joined by Justice ) took a similar position in 1827: "When its existence as law is denied, that existence cannot be proved by showing what are the qualities of a law."
East Asian cultures are influenced by two schools of thought, , which advocated good governance as rule by leaders who are benevolent and virtuous, and , which advocated strict adherence to law. The influence of one school of thought over the other has varied throughout the centuries. One study indicates that throughout East Asia, only , , ,
have societies that are robustly committed to a law-bound state. According to Awzar Thi, a member of the , the rule of law in , , and most of Asia is weak or nonexistent:
Apart from a number of states and territories, across the continent there is a huge gulf between the rule of law rhetoric and reality. In Thailand, the police force is an organized crime gang. 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
and , the transition to a market economy has been a major factor in a move toward the rule of law, because a 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. The
has been widely discussed and debated by both legal scholars and politicians in China.
In , a kingdom that has had a constitution since the initial attempt to overthrow the absolute monarchy system in 1932, the rule of law has been more of a principle than actual practice.[] Ancient prejudices and political bias have been present in the three branches of government with each of their foundings, and justice has been processed formally according to the law but in fact more closely aligned with royalist principles that are still advocated in the 21st century.[] In November 2013, Thailand faced still further threats to the rule of law when the executive branch rejected a supreme court decision over how to select senators.[]
In , the longest constitutional text in the history of the world has governed that country since 1950. Although the
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 . According to Indian journalist , "The rule of law or rather the Constitution [is] in danger of being supplanted by the rule of judges."
had centuries of tradition prior to , 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, 2001). 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.
Various organizations are involved in promoting the rule of law.
In 1959, an international gathering of over 185 judges, lawyers, and law professors from 53 countries, meeting in
and speaking as the , made a declaration as to the fundamental principle of the rule of law. This was the . They declared that the rule of law implies certain rights and freedoms, that it implies an independent judiciary, and that it implies social, economic and cultural conditions conducive to human dignity. The Declaration of Delhi did not, however, suggest that the rule of law requires legislative power to be subject to .
defines the rule of law as:
a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law,
to the law, fairness in the application of the law, separation of powers, participation in , legal certainty, avoidance of arbitrariness and procedural and legal transparency.
The General Assembly has considered rule of law as an agenda item since 1992, with renewed interest since 2006 and has adopted resolutions at its last three sessions. The Security Council has held a number of thematic debates on the rule of law, and adopted resolutions emphasizing the importance of these issues in the context of women, peace and security, children in armed conflict, and the protection of civilians in armed conflict. The
has also regularly addressed rule of law issues with respect to countries on its agenda. The
also requires the rule of law be included in .
The Council of the
passed a resolution in 2009 endorsing a substantive or "thick" definition of the rule of law:
An independent, the pres the right to a fair and public trial a rational and proportionate ap a strong and independ strict protection of confidential communications betwe equality o these are all fundamental principles of the Rule of Law. Accordingly, indefinite det cruel or degrading tre 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 , 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:
1. The government and its officials and agents are accou
2. The laws are clear, publicized, stable, fair, and protect fundamental rights, including the security of
3. The process by which the laws are enacted, administered, and enforced is accessible, fair,
4. Access to justice is provided by competent, independent, and ethical adjudicators, attorneys or representatives, and judicial officers who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
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.
(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. It supports emerging economies and middle-income countries to strengthen their legal capacity and rule of law framework for sustainable development and economic opportunity. It is the only intergovernmental organization with an exclusive mandate to promote the rule of law and has experience working in more than 170 countries around the world.
The International Development Law Organization has a holistic definition of the rule of law:
More than a matter of due process, the rule of law is an enabler of justice and development. The three notion 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.
IDLO is headquartered in Rome and has a branch office in
and has Permanent Observer Status at the
in New York City.
One important aspect of the rule-of-law initiatives is the study and analysis of the rule of law’s impact on . The rule-of-law movement cannot be fully successful in transitional and developing countries without an answer to the question: does the rule of law matter for economic development or not?
is the study of the compatibility of economic and financial decisions within existing constitutional law frameworks, and such a framework includes government spending on the , which, in many transitional and , is completely controlled by the executive. It is useful to distinguish between the two methods of
of the judiciary: corruption by the executive branch, in contrast to corruption by private actors.
The standards of constitutional economics can be used during annual , 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
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 economist
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: "under the Rule of Law the government is prevented from stultifying individual efforts by ad hoc action. 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."
(mob rule)
Cole, John et al. , page 113 (W. W. Norton & Company 1997).
The Oxford English Dictionary has defined "rule of law" this way:
The authority and influence of law in society, esp. when viewed as a constraint on individual and ins (hence) the principle whereby all members of a society (including those in government) are considered equally subject to publicly disclosed legal codes and processes.
See , Dudley Knox Library,
(accessed October 18, 2013) (quoting the OED).[] The phrase "rule of law" is also sometimes used in other senses. See Garner, Bryan A. (Editor in Chief). Black's Law Dictionary, 9th Edition, p. 1448. (Thomson Reuters, 2009). . The lead definition given by Black's is this: "A substantive legal principle", and the second definition is the "supremacy of regular as opposed to arbitrary power". Black's provides a total of five definitions of "rule of law".
Rutherford, Samuel. Lex, rex: the law and the prince, a dispute for the just prerogative of king and people, containing the reasons and causes of the defensive wars of the kingdom of Scotland, and of their expedition for the ayd and help of their brethren of England,
(1644): "The prince remaineth, even being a prince, a social creature, a man, one who must buy, sell, promise, contract, dispose: ergo, he is not regula regulans, but under rule of law...."
Aristotle,
Wormuth, Francis. The Origins of Modern Constitutionalism, page 28 (1949).
. The Rule of Law, page 3 (Penguin 2010).
Black, Anthony. A World History of Ancient Political Thought (Oxford University Press 2009).
David Clarke, "" in Kanishka Jayasuriya, ed., Law, Capitalism and Power in Asia (New York: Routledge, 1998).
Cooper, John et al. , page 1402 (Hackett Publishing, 1997).
In Latin, Omnes legum servi sumus ut liberi esse possumus.
Xiangming, Zhang. , The Culture Mandala: Bulletin of the Centre for East-West Cultural and Economic Studies (2002): “Although Han Fei recommended that the government should rule by law, which seems impartial, he advocated that the law be enacted by the lords solely. 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.”
Bevir, Mark. , page 162.
Munro, Donald. . Page 4.
Guo, Xuezhi. . Page 152.
Peerenboom, Randall (1993). . SUNY Press. p. 171.  .
Levinson, Bernard. "", Cardozo Law Review, Vol. 27, No. 4, pp.
Brett, Mark G. , in Historiography and Identity (Re)formulation in Second Temple Historiographical Literature, p. 32 (Jonker, ed.) (Continuum 2010).
(1997). , page 132 Martinus Nijhoff Publishers.
Oxford English Dictionary (OED), "", accessed April 27, 2013. According to the OED, this sentence from about 1500 A.D. was written by : "Lawes And constitutcions be ordeyned be cause the noysome Appetit of man maye be kepte vnder the Rewle of lawe by the wiche mankinde ys dewly enformed to lyue honestly." And this sentence from 1559 A.D. is attributed to : "A Magistrate should..kepe rekenyng of all mennes behauiours, and to be carefull, least thei despisyng the rule of lawe, growe to a wilfulnes."
. The Constitutional History of England, Volume 1, page 441 (1827).
. The Constitution Society 2014.
Tamanaha, Brian. , page 47 (Cambridge University Press, 2004).
Peacock, Anthony Arthur, , p. 24. 2010.
Lieberman, Jethro. , page 436 (University of California Press 2005).
, Part The First, art. XXX (1780).
Winks, Robin W. (1993).
(2nd ed. ed.). San Diego, CA: Collegiate Press. p. 406.  .
Billias, George Athan (2011). . New York: New York University Press. p. 53-8.  .
Tamanaha, Brian Z. (2004). On the Rule of Law. . p. 3.
Tamanaha, Brian. , Current Legal Problems, volume 55, via
Craig, Paul P. (1997). "Formal and Substantive Conceptions of the Rule of Law: An Analytical Framework". Public Law: 467.
Stephenson, Matthew. , World Bank Research (2008).
Heidi M. Hurd (Aug 1992). "Justifiably Punishing the Justified". Michigan Law Review (The Michigan Law Review Association) 90 (8): . :.  .
Tamanaha, Brian. , page 3 (Cambridge University Press, 2004).
Kaufman, Daniel et al.
(July 2007).
McIntyre, Kenneth B. (2004). The Limits of Political Theory: Oakeshott's Philosophy of Civil Association (British Idealist Studies ed.). Exeter, UK: Imprint Academic. p. 134.  .  .
Pech, Laurent. . Middlesex University - School of Law.
Letourneur, M.; Drago, R. (1958). . The American Journal of Comparative Law 7 (2): 147–177. :.
Peerenboom, Randall (2004). "Rule of Law in France".
(Digital printing. ed.). RoutledgeCurzon. p. 81.  .
. Springer. 2014. pp. 77–8.  .
Zurn, M Nollkaemper, A Peerenboom, Randy, eds. (2012). . Cambridge University Press. pp. 116–7.  .
. The British Library 2014.
See also . Attorney General's Office. 9 September .
Hostettler, John (2011). . Waterside Press. p. 23.  .
Vile, Josh. , page 80 (Greenwood Publishing Group, 2006).
, 22 U. S. 738 (1824): "When [courts] are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the cour and, when that is discerned, it is the duty of the court to follow it."
Harrison, John. "Substantive Due Process and the Constitutional Text," , Volume 83, page 493 (1997).
. , Emory Law Journal, Vol. 58, pages 585-673 (2009). See also Edlin, Douglas "", Polity, Volume 38, pages 345–368 (2006).
Tamanaha, Brian. How an Instrumental View of Law Corrodes the Rule of Law, twelfth annual Clifford Symposium on Tort Law and Social Policy.
Ernst, Daniel R. (2014). Tocqueville's Nightmare: The Administrative State Emerges in America, . Oxford University Press.
Snowiss, Sylvia. , pages 41–42 (Yale University Press 1990).
Ogden v. Saunders,
(1827). This was Marshall's only dissent in a constitutional case. The
later denounced Marshall for this part of his Ogden dissent. See Spooner, Lysander (2008). Let's Abolish Government. Ludwig Von Mises Institute. p. 87. These same issues were also discussed in an earlier U.S. Supreme Court case, Calder v. Bull,
(1798), with Justices
taking opposite positions. See Presser, Stephen. "Symposium: Samuel Chase: In Defense of the Rule of Law and Against the Jeffersonians", , Volume 62, page 349 (March 2009).
Chu, Yun-Han et al. , pages 31-32.
Thi, Awzar. , ,
Peerenboom, Randall in , page 39 (Routledge 2004).
Baxi, Upendra in , pages 336-337 (Routledge 2004).
Robinson, Simon. ,
Green, Carl. , Speech to the
See also Goodman, Carl F. (2008).
(2nd rev. ed. ed.). Wolters Kluwer Law & Business.  .
Goldsworthy, Jeffrey.
in Tom Campbell, Keith D. Ewing and Adam Tomkins (eds), Sceptical Essays on Human Rights (Oxford: Oxford University Press, 2001), p 69.
, United Nations Rule of Law.
See United Nations General Assembly Resolutions A/RES/61/39, A/RES/62/70, A/RES/63/128.
See United Nations Security Council debates S/PRST/2003/15, S/PRST/2004/2, S/PRST/2004/32, S/PRST/2005/30, S/PRST/2006/28.
See United Nations Security Council Resolutions 1325 and 1820.
E.g. see United Nations Security Council Resolution 1612.
E.g. see United Nations Security Council Resolution 1674.
Part II, paragraph 79
Agrast, M., Botero, J., Ponce, A., WJP
Washington, D.C.: The World Justice Project. (2011).
. idlo.int 2015.
Luis Flores Ballesteros. "Corruption and development. Does the “rule of law” factor weigh more than we think?" 54 Pesos May. 2008:54 Pesos 15 Nov 2008.
Peter Barenboim, Defining the rules, The European Lawyer, Issue 90, October 2009
Peter Barenboim, Natalya Merkulova. , edited by Francis Neate and Holly Nielsen, Justitsinform, Moscow (2007).
Hayek, F.A. (1994). The Road to Serfdom. Chicago: The University of Chicago Press. p. 81.  .
(2006). "Chapters 31 and 32". In Terry Nardin and Luke O'Sullivan. Lectures in the History of Political Thought. Exeter, UK: Imprint Academic. p. 515.  .  .
,The Forgotten Man: A New History of the Great Depression, .
Giovanni Bianco,Issues and theories of constitutionalism, Utet, Turin, 2012.
Alessandro Torre,United Kingdom, Il Mulino, Bologna, 2005.
, includes academic articles, practitioner reports, commentary, and book reviews.
, Hague Institute for the Internationalisation of Law (HiiL),
A multinational, multidisciplinary initiative to strengthen the rule of law worldwide.
Map-based information exchange platform facilitating networking among Rule of Law promoters globally.
, Wiki-Project of Freie Universitaet Berlin.
Frithjof Ehm
Mańko, Rafa?.
(PDF). Library Briefing. Library of the European Parliament 2013.
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