is rule of law a part of a democratic government
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RULE OF LAW & 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. The underlying premise of rule of law implies that every citizen is subject to and accountable under the law, including law makers and those in government positions. 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. In its truest sense, rule of law governance is called a “nomocracy”, from the Greek nomos (law) and kratos (rule). Today, democracy is the most closely aligned with rule of law governance.
“Human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations.” United Nations General Assembly, 2012.
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. 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.
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