At a time when there are threats of shortcuts in due process to enforce the law against alleged criminals, when emergency powers are being invoked to solve the traffic mess, when dictatorial tendencies are starting to be displayed by authorities, it is apropos to remind ourselves of the enduring virtues of the “rule of law” in a civilized society.
One simple definition says that rule of law means “the restriction of the arbitrary exercise of power by subordinating it to well-defined and established law.”
The secretary-general of the United Nations defines rule of law more lengthily as: “Aprinciple of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are 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.”
Rule of law has been in the agenda of the United Nations General Assembly, which adopted on September 24, 2012, a Resolution 67/1, declaration of the high-level meeting of the General Assembly on the rule of law at the national and international levels. This was “to reaffirm our commitment to the rule of law and its fundamental importance for political dialogue and cooperation among all States…”
In its clause/paragraph 7, the declaration states:
“We are convinced that the rule of law and development are strongly interrelated and mutually reinforcing, that the advancement of the rule of law at the national and international levels is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger, and the full realization of all human rights and fundamental freedoms, including the right to development, all of which, in turn reinforce the rule of law… [emphasis supplied]”
“No one is above the law” is the common exhortation that applies the rule of law. “Due process” is an accompanying concept of law and principle of fairness.
At its core, rule of law means respect for each other, whether as individuals or institutions, including the government, in the conduct of relations, following legally prescribed rules and established norms of fair dealing. The purpose is to avoid the arbitrary use of power or advantage, and assures equitable treatment among citizens and greater stability in society.
It will be interesting for the reader to know that there is a World Justice Project that has developed a rule of law index to measure the extent to which countries adhere to the rule of law in practice. The index uses nine major categories of indicators, namely, (1) constraints on government power; (2) absence of corruption; (3) open government; (4) fundamental rights; (5) order and security; (6) regulatory enforcement; (7) civil justice; (8) criminal justice; (9) informal justice. For each of 102 countries ranked, scores were based on responses from 1,000 people, including testimonies from local legal experts.
Here is an excerpt from the global rankings, with 1 as showing best adherence to the rule of law:
Denmark 1
Singapore 9
Republic of Korea 11
Japan 13
Hong Kong 17
United States 19
Malaysia 39
Philippines 51
Indonesia 52
Thailand 56
Vietnam 61
China 71
Venezuela 102
(Source: The Guardian. Global ranking on corruption and justice aims to promote good governance)
Will the Philippines’s ranking change over the next six years?