The rule of law
can be defined as a system in which the laws
are public knowledge, are clear in meaning,
and apply EQUALLY
to everyone. They enshrine and uphold
the political and civil liberties that have gained status as universal
human rights over the last half-century. The central institutions of the
legal system, including courts, prosecutors, and police, are reasonably
fair, competent, and efficient. Judges are impartial and independent, not
subject to political influence or manipulation. Perhaps most important,
the government is embedded in a comprehensive legal framework, its
officials accept that the law will be applied to
their own conduct, and the government seeks to be law-abiding.
The relationship
between the rule of law and liberal democracy is profound.
The rule of law makes possible individual rights,
which are at the core of democracy.
A government's respect for the sovereign
authority of the people and a constitution depends on its acceptance of
law. Democracy includes
institutions and processes that, although beyond the immediate domain of
the legal system, are rooted in it. Basic elements of a modern market
economy such as property rights and contracts are founded on the law and
require competent third-party enforcement. Without the rule of law, major
economic institutions such as corporations, banks, and labor unions would
not function, and the government's many involvements in the
economy--regulatory mechanisms, tax systems, customs structures, monetary
policy, and the like--would be unfair, inefficient, and opaque.