A resource for leading organizations, model programs, rule of law information, and more. These ideas claim to bring a touch of reality to our discussions about freedom. In the circumstances of modern life, there may be no escape from legal constraints, but freedom is always possible if people know in advance how the law will work and how they must act to avoid its application. Knowing in advance how the law will work can make plans and circumvent its requirements (see Hayek 1960: 153 and 156-7). And knowing that the law can be trusted to protect property and personal rights gives every citizen certainty about what they can count on when dealing with others. The rule of law is violated for this reason when the standards applied by civil servants do not correspond to the standards made available to citizens, or when officials act at their discretion and not according to pre-established standards. If such actions become endemic, not only will people`s expectations be disappointed, but they will increasingly be unable to formulate expectations they can rely on, and the horizon of their planning and economic activity will shrink accordingly. The International Development Law Organization (IDLO) is an intergovernmental organization focused on the promotion of the rule of law and development. Nevertheless, some fairly simple and generalizable institutional ideas stem from the idea that those who judge the legitimacy of the exercise of power should not be the same as those who exercise it. For example, a typical rule of law will institutionalize some means of protecting judicial officials from political or other interference that threatens their independence. Accordingly, the institutional separation of the judiciary from other branches of government is generally considered an important feature of rule of law. Other measures to ensure equitable access to legal institutions may also be important for rule of law regulations. Moreover, it is widely accepted that a binding written constitution supports the rule of law and has been adopted by most states around the world.

The Oxford English Dictionary defined the rule of law as:[2] (2) In the 1970s, Hayek began to rethink all this. Attention remains focused on the impact of the rule of law on freedom. But Hayek began to question whether texts of clear general legal rules really provided an adequate framework for freedom. It is a mistake to believe that «by limiting the judge to the application of rules already stated, we will increase the predictability of his decisions». Articulated rules are «often a very imperfect formulation of principles that honor people better in their actions than in their words» (Hayek 1973: 118). Instead, he favoured a model of predictability based on the common law, with principles and solutions emerging from a series of judicial decisions in an almost evolving manner. [1] The development of principles characterized by reason was superior to Hayek`s deliberate imposition of rules by a legislator. According to Hayek, the legislative mentality is inherently administrative; it is mainly oriented towards the organization of its own administrative apparatus; And its extension to the sphere of public policy usually means a projection of this type of managerial mentality outwards, with terrible consequences for freedom and markets. Some jurists believe that there is a particular affinity between the rule of law and the defence and support of private property. Ronald Cass (2004:131) states that «an essential aspect of the commitment to the rule of law is the definition and protection of property rights.» The American democratic system is not always based on the simple majority rule. Certain principles are so important to the nation that the majority has agreed not to interfere in these areas. For example, the Bill of Rights was adopted because concepts such as freedom of religion, freedom of expression, equal treatment and due process were considered so important that even a majority should not be allowed to change them.

Aristotle`s work on the rule of law is still influential. Although he framed the question of whether it was better to be governed by the best man or by the best laws, he approached this question realistically, noting that it depended not only on the type of law considered, but also on the type of regime that enacted and administered the law in question (Politics 1282b). Institutions and bodies, both public and private, including the State itself, are responsible for laws that are publicly promulgated, equally applied and independently decided, and that are in conformity with international human rights principles. In countries such as China and Viet Nam, the transition to a market economy has been an important factor in the move towards the rule of law, as the rule of law is important for foreign investors and economic development. It is not clear whether the rule of law in countries such as China and Vietnam will be limited to trade issues or extend to other areas and, if so, whether these effects will improve the prospects for related values such as democracy and human rights. [63] The rule of law in China has been the subject of much discussion and debate by both jurists and politicians in China. Generality is an important feature of legality, which is reflected in the long-standing constitutional antipathy to attainder bills. Of course, the law cannot function without special ordinances, but as Raz (1979 [1977]:213) points out, the general public requirement is generally understood to mean that «the creation of certain laws should be guided by open and relatively stable general rules.» These rules themselves should be impersonal and impartial.

Sometimes situations can be resolved and disputes resolved through informal social norms rather than through officially promulgated and enforced positive law (Ellickson 1994). Opinions differ as to whether this should be seen as something quite different from the rule of law. On the one hand, it looks like a real alternative, and there is little to be gained by adapting its desirable characteristics, such as they are, to the requirements of the rule of law. On the other hand, it has something in common with customary conceptions of law and ideas of the rule of law (such as Hayek`s in 1973), which attempt to separate themselves from enactment and legislation. It is also sometimes said that the rule of law works best when what is applied in a society can be mapped to the standards of fairness and common sense of its members. This makes society`s participation in the integrity and preservation of the law more likely (Cooter, 1997). The closer this mapping gets, the less investment is needed in formal promulgation: ordinary know-how can become a reliable guide to legal knowledge. However, you have to be very careful with this. Modern law is inevitably technical in a way that far exceeds the possibilities of intuitive understanding (Weber 1968 [1922]: 882-95). The best one can hope for is some sort of occasional consonance between enacted law and informal agreements, and the sporadic nature of this may increase rather than reduce unpredictability. Japan had a centuries-old tradition of laws before World War II, but they did not provide a central organizing principle for society and did not limit the power of government (Boadi, 2001).

At the beginning of the 21st century, the percentage of people who were lawyers and judges in Japan remained very low compared to Western Europe and the United States, and legislation in Japan tended to be scarce and general, leaving a lot of discretion in the hands of bureaucrats. [66] a principle of governance in which all public and private persons, institutions, and bodies, including the state itself, are responsible for laws promulgated publicly, equally enforced, independently decided, and consistent with international human rights standards. It also requires measures to ensure respect for the principles of the rule of law, equality before the law, accountability before 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.