What Is Meant by Rule of Law and Equality before Law
Accountability before the law also concerns the judiciary, which has the task of determining the validity and appropriate solution of law enforcement. An essential prerequisite for the judiciary is independence. This ensures the absence of undue interference and consideration that may involve considerations that do not fall within what is contained in the applicable laws, in order to ensure their supremacy and ensure non-discrimination. When decisions are made in accordance with the law, everyone is able to understand and anticipate the results to be expected not only from the law itself, but also from its interpretation, application and execution. This is called legal certainty. For this reason, transparency plays another crucial role, as it clarifies how judicial decisions and justifications are made, while allowing accountability and control of the decisions of the judiciary itself. To understand the rule of law, we need to return to the issue of responsibility for the law – specifically, how that responsibility is applied. The concept of the rule of law is based on two principles that guide the application of laws. The first is equality before the law, which means that whoever might be held accountable will not be treated differently, regardless of race, gender, language, religion, wealth or other statues.
Everyone must have equal access to justice and its mechanisms. The second principle is that of equity, which complements equality before the law. In general, the rule of law implies that the creation of laws, their application and the relationship between legal norms themselves are governed by law, so that no one – including the most senior official – is above the law. The legal restriction for leaders means that the government is subject to existing laws as well as to its citizens. A closely related term is therefore the idea of equality before the law, which states that no “legal” person can enjoy privileges that are not extended to all and that no one should be immune from legal sanctions. In addition, the application and decision of legal norms by different government officials in equivalent cases must be impartial and consistent, regardless of class, status or relative power between the parties to the dispute. In addition, for these ideas to have a real purchase, there should be a legal apparatus to force civil servants to submit to the law. The rule of law should never be confused with the rule of law. In fact, history is full of cases where racism, persecution, torture, and even genocide have been perpetrated under repressive laws passed by various governments. In this sense, domination by law is nothing more than the exercise of power under the color of the law. Such an approach does not promote the accountability of the powerful, does not protect the weak and does not defend human rights, regardless of the process followed for their adoption or publication.
The rule of law, on the other hand, guarantees equity, justice, equality and legitimacy both in the process and in substance, and provides a solid foundation on which to build a peaceful and prosperous society. For such reasons, it is preferable to consider the rule of law not as a model of institutional design, but as a value or group of values that could influence such a conception and can therefore be pursued in various ways. 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 certain means of protecting legal officials from political or other interference that threatens their independence. As a result, the institutional separation of the judiciary from other branches of government is generally regarded as an important feature of the rule of law. Other measures to ensure equitable access to legal institutions may also be important for the rule of law. In addition, it is widely accepted that a binding written constitution supports the rule of law and has been adopted by most states around the world. Lifestyle Communities Ltd operates care facilities for the elderly.
It requested an exemption from the Equal Opportunities Act 1995 (Vic) to offer places only to persons over 50 years of age. The Victoria Civil and Administrative Court (VCAT) ruled that the exception was not justified as an adequate restriction on the right to equality before the law. VCAT`s decision concluded that there was no reason to exclude all applicants under the age of 50 and that the company`s proposal was based on stereotypes. While certain institutional traditions and conventions, as well as written laws, may be important in ensuring that judicial decisions are based on plausible interpretations of existing laws, no single institutional character of a State should be considered necessary or sufficient for the ideal of the rule of law. The rule of law is not linked to national experience or to a number of institutions in particular, although it may be better served in some countries and by some institutions. Moreover, institutional arrangements that guarantee the rule of law in one community cannot be easily duplicated or transplanted into another. Different communities embody their own judgments on how certain constitutional ideals can be implemented in light of their particular legal and cultural traditions, which of course influence the character of their institutions. Nevertheless, the initial sociological condition of the rule of law is shared across cultures: for the rule of law to be more than an empty principle, most people in a society, including those whose profession is to administer the law, must believe that no person or group should be above the law.
In 1945, the United Nations was founded on three pillars: international peace and security, human rights and development. Nearly seventy-five years later, the complex political, social and economic transformation of modern society has brought us challenges and opportunities that require a collective response, which must be guided by the rule of law, as it is the basis for friendly and just relations among States and the basis for equitable societies. The rule of law is fundamental to international peace and security and political stability; achieve economic and social progress and development; and to protect the rights of individuals and fundamental freedoms. It is fundamental for people`s access to public services, the fight against corruption, the fight against abuses of power and the establishment of the social contract between the people and the state. The rule of law and development are closely linked, and strengthening the rule of law in society should be seen as the outcome of the 2030 Agenda and the Sustainable Development Goals (SDGs). A final aspect of the rule of law is the separation of powers. As we have seen, while the independence of the judiciary is essential, the executive and legislative branches must also act as separate powers under the law in order to adequately carry out their legitimate state functions. The law must also be clearly known and accessible to all, in the sense that everyone can have the capacity to be aware of its content. Not only does this allow anyone to know what is expected of them under the law, but it also creates a condition in which anyone, knowing their content, can promote accountability before the law. In other words, transparency supports the rule of law by ensuring that people know the content of the law, that they can act accordingly, and that they can also support accountability mechanisms knowing what to expect from everyone else.
The American democratic system is not always based on simple majority rule. There are certain principles that 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 without constitutional amendment, even a majority should not be allowed to change it. The rights to equality and non-discrimination set forth in article 15 are autonomous and are also part of all other human rights provided for by law. The rule of law is an important element of peacekeeping, as promoted by the General Assembly and the Security Council in the two resolutions reviewing the peacebuilding architecture. Peacekeeping requires an integrated and comprehensive approach throughout the United Nations system, based on coherence among political, security, development, human rights, gender and rule of law measures in support of the efforts of Member States. In addition, Goal 16 in particular is a target for Member States to bring about policy changes at the national level that promote progress towards other SDGs. The development of inclusive and accountable justice systems and rule of law reforms will provide people with quality services and build confidence in the legitimacy of their government. This approach should address the needs of individuals and groups and their meaningful participation from the outset, paying particular attention to those who are historically marginalized and at risk of being left behind.
These include preventing serious human rights violations, securing credible accountability from officials at the national and international levels, and empowering individuals and communities to use judicial mechanisms to protect their basic human rights. .