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The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...
It listed nine examples of such conduct, including "false or misleading statements" to investigators, "withholding relevant and material evidence," encouraging witnesses to make false statements ...
The rule of law also requires law is truly enforced, though enforcement bodies may have room for discretion. In R (Corner House Research) v Director of the Serious Fraud Office a group campaigning against the arms trade , Corner House Research , claimed the Serious Fraud Office acted unlawfully by dropping an investigation into the UK-Saudi ...
In international law, the principle is known as the Lotus principle, after a collision of the S.S. Lotus in international waters. The Lotus case of 1926–1927 established the freedom of sovereign states to act as they wished, unless they chose to bind themselves by a voluntary agreement or there was an explicit restriction in international law ...
Rule by various judges, the kritarchs; a system of governance composed of law-enforcement institutions in which the state and the legal systems are traditionally or constitutionally the same entity. The kritarchs, magistrates and other adjudicators have the legal power to legislate and administer the enforcement of government laws in addition ...
Violating the perceived intention of the law has been found to affect people's judgments of culpability above and beyond violations of the letter of the law such that (1) a person can violate the letter of the law (but not the spirit) and not incur culpability, (2) a person can violate the spirit of the law and incur culpability, even without violating the letter of the law, and (3) the ...