two principles which defines the rule of law
Answers
The Four Universal Principles
The rule of law is a framework of laws and institutions that embodies four universal principles:
1. Accountability
The government as well as private actors are accountable under the law.
2. Just Laws
The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons, contract and property rights, and certain core human rights.
3. Open Government
The processes by which the laws are enacted, administered, and enforced are accessible, fair, and efficient.
4. Accessible & Impartial Dispute Resolution
Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are accessible, have adequate resources, and reflect the makeup of the communities they serve.
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This September the United Nations Secretary General will convene what is called, in UN parlance, a "high level segment" of the General Assembly to discuss "the rule of law at the national and international levels." What does that mean? It’s not entirely clear. Nor is that surprising.
While "justice" is a series of aspirations for a better world, and "human rights" consists of internationally agreed and/or legally binding restraints on state power, "the rule of law" falls somewhere in between.
Lawyers and non-lawyers spend a lot of time discussing what the rule of law is. The definition the UN employs is quite a mouthful:
The term rule of law refers to 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, accountability to 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.
Perhaps it is easier to see what the rule of law is not.
In recent weeks, we've seen three striking examples that illustrate the politicization of law.
In Spain, on January 17, Judge Baltasar Garzon, who has advanced the frontiers of justice abroad by prosecuting war criminals—like former Chilean dictator Augusto Pinochet and members of the former military junta in Argentina—went on trial for doing the same at home. Among other things, Garzon is accused of abusing his power in opening a case into the deaths of more than 100,000 people under the Franco regime. One need not be an expert in Spanish law to fear that a judge is being punished for displaying in Spain the very independence which won him praise elsewhere.
The same week, a court in Istanbul acquitted most of 19 defendants accused of involvement in the 2007 murder of Hrant Dink, a Turkish-Armenian newspaper editor who had provoked outrage in Turkey by labeling as “genocide” the 1915 massacres of 1.5 million Armenians by the Ottoman Turks. Before his death, Dink had been repeatedly prosecuted for expressing his opinion on matters deemed controversial. In 2005, he was given a six-month suspended prison sentence for "denigrating Turkishness" in writing about the identity of Turkish citizens of Armenian origin. In 2010, the European Court of Human Rights held that the Turkish authorities had failed to act on information that could have prevented Dink's murder and to investigate the role of state officials in his death. Although the latest verdicts may be reviewed on appeal, the failure to secure justice for Dink’s killers sends a disturbing message about Turkey’s commitment to equal protection of the law for government supporters and dissidents alike.
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