The Rule of Law

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Rule of Law
The rule of law is a depiction accepted in many quarters around the around the world. Many nations have a consensus or agreement that ratifies the supremacy of law, within the precincts of international law or based on statutes enacted by the nation. The debate between proponents and critics expounds on the significance of the supremacy of law in the modern society. However, it is incorrect to discuss the subject without proper evaluation of the modification of the supremacy of law across all continents. Objectively, the rule of law implies as a standard or principle accepted by citizens to govern the subjects without making arbitrary decisions. Dicey, a British jurist, promoted the utilization of the phrase across the globe through the jurist proposition of the components of the rule of law (Keeling, Michael and Thomas 4). Framers of most constitutions in Western Europe have followed in the footsteps of the USA, entrenching the concepts of the supremacy of law in the society. Weaknesses exist in democracies that may affect the implementation of the legal regulation. The World Justice Project enumerates that the rule of law is determined by upholding fundamental principles such as accountability by all agents, clear laws, efficient implementation of the law and timely implementation of the law. The principles echo both subjective and objective definitions of the law, with the precincts of legislation in the world.
Evolution of the Rule of Law
Diverse nations implemented the precincts of the rule of law, without using the same phrase.

China, Greece, Romans and Mesopotamia advocated for the rule of law, though each had various provisions. Greeks appointed intelligent men to oversee the implementation of the law, who were able to understand and deliver justice to others. Plato’s ideas were rejected by Aristotle, requiring that the men be under the law, to implement the law. Similarly, the Chinese depended on state officials to rule on their subjects, implying that the officials were above the law. Contrastingly, rogue Roman magistrates were tried after their terms of office ran out. Religious decree through Kings was highly opposed and restrictions imposed on the kings. Islamic laws allowed for the application of the Act, ensuring each citizen was equal. Stephen Langton in 1215 forced the aristocrats to back the return of the rule of law while forcing the subject to pay taxes. Changes in Britain and the USA entrenched the rule of law influencing other nations to borrow a leaf from the process.
Dicey’s Concepts
Dicey’s principles are critical in discussing the rule of law. The laws objectively attributed to the enactment of the legal regulation in its purest form in most jurisdictions. The first principle intimates that all agents’ privileges are connected to the provisions of the legal regulation. None of the agents of the state has superior powers to decree on their subjects. The provision requires the ministers’ act within the full preserve of the law and contravention of the provisions allows the courts to review the decisions of the government official (Allan 15). Secondly, equality before the law among all residents of the nation was a critical principle in Dicey’s concepts. Immunity before the law ought to meet the precincts of the law, largely vague in any jurisdiction. Rights of the people were enshrined in the rule of law, applied today in most constitutions as legislations on human rights.
WJP Index
The index measures how different nations experience the rule of law. The latest review done in 2016, roped in 113 countries, giving different results on the application of the rule of law across the globe. The index confided that much of Europe, USA and Canada performed exemplary in the rule of law, unlike Asia. Experts analyzed through surveys the effects of 8 critical indicators in implementing the rule of law across the nations. The experts examine the checks enacted to limit government power in the state. The functions of the Judiciary and the Congress in suppressing the profligacy of the state are essential to ensure the rule of law is applied without contravention. Moreover, the civil society plays a crucial role in ensuring the state enacts the public interests. Furthermore, the nonexistence of corruption by checking the use of public funds by the judiciary, legislature, and the executive, ensures that the rule of law is implemented without problems. Kenya and Nigeria slipped in the recent index due to increased corruption in the police service. The index further considers fundamental rights entrenched within the laws of the nation such as the right to life, privacy freedoms, and equal treatment. Moreover, other factors such as order and protection, regulatory enforcement, civil and informal justice. The World Justice Project intimates that by running the index globally and annually, it influences nations to enact laws that will ensure the rule of law is implemented in the nation.
International Bodies Supporting the Initiative
The significance of the legal regulation has roped in numerous organizations, looking for ways to ensure countries respect the rule of law. The United Nations through its Commission on Peacebuilding, the Vienna Declarations and implementation of treaties on women rights and security ensure the rule of law is implemented in the nations. Furthermore, the global body for jurists through the Delhi Declaration influenced changes on a global scale on the view of individual rights. The global Bar Association approved the substantive process, laying credence on the importance of the rule of law. Finally, global development law organization has helped least developed nations and developing nation to enhance their legal capacity to ensure the rule of law is equitably enforced in the nation.
Relationship with Economics
Proponents admit that the rule of law affects the economic development of a country. The doctrine ensures that the arms of the government are accountable to the funds given to their departments. Corruption in Kenya has reduced the nation’s ability to fully enforce contracts through the courts upon the eruption of disagreements amongst contractual members. The WSP index intimates that Kenya needs to review its laws and educate the public of its importance, to ensure the public can benefit from a robust and efficient regime (Santos 270). Corruption leads to worse off lives for the citizens, reduced development, and reduction in economic activity. The budgeting process ought to be transparent and allow the public to take part in the process. Friedrick Hayek intimated that the rule of law enabled citizens to make prudent decisions through investments without fear of the future. Ethiopia has received lower foreign direct investment in the past since the government has on many occasions failed to uphold the rule of law. The legal regulation is a vital factor for economic expansion to take place.
Relevance of the Rule of Law in the Society Today
The debate is rife on whether the applicability of the supremacy of law is relevant today. Diverse opinions on the matter are dependent on failures or merits in the society. Critics argue that nations with minimal legislations on the legal regulation such as China and Ethiopia have succeeded with fewer or no legislation on the rule of law.
Success of the Legal Regulation
Most nations implementing the legal regulation have ensured the residents are happy while more investment continues flowing into the nation. The success of the Nordic nations through welfare legislation based on the legal regulation has ensured the countries continue to have the happiest residents across the globe. Moreover, the upholding of human rights in the USA has been entrenched into their trade relationships with other nations. Recently, the USA rolled energy projects expected to take place in Uganda after Uganda refused to protect the rights of gays. Singapore espouses that the rule of law ensured that the residents were motivated enough to establish contractual agreements, helping the nation grow. Similar, the failure of countries such as North Korea, Somalia, and Sudan illustrates that implementation of the legal regulation is pivotal for any nation.
Constitutional Framework
Most constitutions affirm the importance of the legal regulation and use its provisions to recreate structures relevant in the 21st century. Turkey is the latest nations to use the USE constitution as a model for the entrenchment of the supremacy of law. Surveys done in most nations indicate that the legal regulation was the most known legislation by the residents, suggesting that the residents act based on the precincts of the supremacy of law. Consequently, the legal regulation is relevant for the modern society.
Works Cited
Allan, Trevor RS. Constitutional justice: A liberal theory of the rule of law. Oxford University
Press on Demand, 2003. Print.
Keeling, Deborah G., Michael M. Losavio, and Thomas W. Hughes. “Rule of Law.” The
Encyclopedia of Crime & Punishment (2016). Print.
Santos, Alvaro. “The World Bank’s Uses of the’Rule of Law’Promise in Economic
Development.” The new law and economic development: A critical appraisal (2012):
253-300. Print.