Following are selected excerpts from Report of World Justice Project, Washington:-
What is the Rule of Law?
The rule of law is a system in which the following four universal principles are upheld:
1. The government and its officials and agents are accountable under the law.
2. The laws are clear, publicized, stable and fair, and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted, administered, and enforced is accessible, efficient, and fair.
4. Justice is delivered by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.
These four universal principles which comprise the WJP's notion of the rule of law are further developed in the nine factors of the WJP Rule of Law Index.
WHY THE RULE OF LAW MATTERS TO EVERYONE
The rule of law is the underlying framework of rules and rights that make prosperous and fair societies possible. The rule of law is a system in which no one, including government, is above the law; where laws protect fundamental rights; and where justice is accessible to all.
FACTORS
Limited Government Powers
In a society governed by the rule of law, the government and its officials and agents are subject to and held accountable under the law. Modern societies have developed systems of checks and balances, both constitutional and institutional, to limit the reach of excessive government power, and to subject the government power, or ruler, to legal restraints. These checks and balances take many forms in various countries around the world: they do not operate solely in systems marked by a formal separation of powers, nor are they necessarily codified in law. What is essential, however, is that authority is distributed in a manner that ensures that no single organ of government has the practical ability to exercise unchecked power.
Absence of Corruption
The absence of corruption - conventionally defined as the use of public power for private gain - is one of the hallmarks of a society governed by the rule of law, as corruption is a manifestation of the extent to which government officials abuse their power or fulfill their obligations under the law. Forms of corruption vary, but include bribery, extortion, improper influence by public or private interests, and misappropriation of public funds or other resources.
These three forms of corruption are examined with respect to government officers in the executive branch, the judiciary, the legislature, and the police and the military.
Order and Security
Human security is one of the defining aspects of any rule of law society. Protecting human security, mainly assuring the security of persons and property, is a fundamental function of the state. Not only does violence impose wounds on society, it also prevents the achievement of other aims, such as exercising fundamental human rights, and ensuring access to opportunities and justice. In extreme situations, violence might become the norm if legal rules are not enforced. Under the rule of law, the state must effectively prevent crime and violence of every sort, including political violence and vigilante justice. It encompasses three dimensions: absence of crime; absence of civil conflict, including terrorism and armed conflict; and absence of violence as a socially acceptable means to redress personal grievances.
Fundamental Rights
Under the rule of law, fundamental rights must be effectively guaranteed. A system of positive law that fails to respect core human rights established under international law is at best “rule by law”. Rule of law abiding societies should guarantee the rights embodied in the Universal Declaration of Human Rights including the right to equal treatment and the absence of discrimination; the right to life and security of the person; the right to the due process of the law; the freedom of opinion and expression; the freedom of belief and religion; the absence of any arbitrary interference of privacy; the freedom of assembly and association; and the protection of fundamental labor rights.
Open Government
Open government is essential to the rule of law. It involves engagement, access, participation, and collaboration between the government and its citizens, and plays a crucial role in the promotion of accountability. Requesting information from public authorities is an important tool to empower citizens by giving them a way to voice their concerns and demand accountability from their governments. Open government is far more than transparency, and encompasses elements such as clear, publicized, and stable laws; administrative proceedings that are open for public participation; official drafts of laws and regulations that are available to the public; and the availability of official information.
Civil Justice
In a rule of law society, ordinary people should be able to resolve their grievances and obtain remedies in conformity with fundamental rights through formal institutions of justice in a peaceful and effective manner, rather than resorting to violence or self-help. Civil justice requires that the system be accessible, affordable, effective, impartial, and culturally competent. Accessibility includes general awareness of available remedies; availability and affordability of legal advice and representation; and absence of excessive or unreasonable fees and hurdles. Impartiality includes absence of arbitrary distinctions, such as social and economic status, as well as decisions that are free of improper influence by public officials or private interests. Effective civil justice also implies that court proceedings are conducted in a timely manner and judgments are enforced without unreasonable delay. Finally, in a rule of law society, it is essential that alternative dispute mechanisms provide effective access to justice, while refraining from binding persons who have not consented to be bound by the mechanism.
Criminal Justice
An effective criminal justice system is a key aspect of the rule of law, as it constitutes the natural mechanism to redress grievances and bring action against individuals for offenses against society. An effective criminal justice system is capable of investigating and adjudicating criminal offences effectively, impartially, and without improper influence, while ensuring that the rights of suspects and victims are protected.
Informal Justice
For many countries it is important to acknowledge the role played by traditional, or ‘informal’, systems of law — including traditional, tribal, and religious courts, as well as community-based systems — in resolving disputes. These systems often play a large role in cultures where formal legal institutions fail to provide effective remedies for large segments of the population or when formal institutions are perceived as foreign, corrupt, and ineffective. While recognizing the importance of these informal systems, a necessary element of the rule of law is that informal systems are effective, impartial, and protect fundamental rights, and are held to the same standards of fairness in resolving disputes as formal systems.
Vigilant, Responsible and Enlightened Citizens may evaluate our Indian Judicial System how so far it fulfills the demands as above or is it befitting to democracy.
For my more work may visit my blog justicemiracle-mrp.blogspot.in (in Hindi) and judicialreform.in (in English).
