Monday, July 07, 2008

International "Rule of Law"

The World Justice Forum, convened in Vienna this past weekend, was envisioned as “the founders project” for the World Justice Project, bringing together world leaders from 112 countries and a diversity of disciplines including former and present heads of state, CEOs of multinational corporations & labor leaders, and directors of key nongovernmental organizations. Their purpose? Attempting to launch a new multi-disciplinary, multi-national movement to strength the rule of law worldwide. (Article)

The “rule of law” concept extends back in history, the earliest mentions being in Plato’s Statesman and Laws, and then Aristotle’s Politics, according to Wikipedia. In its simplest form, “Rule of Law” is the principle that “no one is above the law.” In American law, the most basic exposition of this principle is the justification of the separation of powers, the phrase used by John Adams in the framing of the Constitution – “to the end that it may be a government of laws and not of men” – being stalwart to the U.S. and every state supreme court in the nation.

For the World Justice Forum & Justice Project, the working definition of “rule of law” comprised four principles: 1). that governments, their officials & agents, are all accountable under the law; 2). that laws are clear, publicized, fair and stable, protecting fundamental rights; 3). the manner in which laws are enacted, administrated & enforced is fair, accessible and efficient; and 4). the laws are upheld, and access to justice is provided by competent, independent, and ethical law enforcement officials, attorneys, and judges, sufficient in number, and with adequate resources, reflecting the makeup of the communities which they serve.

One big problem, though. A report accompanying the “Rule of Law Index” was delivered to those attending the forum, but even that didn’t contain actual findings of initial test runs in the U.S., Argentina, and elsewhere, focusing on the process developed for measuring how effectively those countries adhere to the rule of law in a variety of key areas , according the American Bar Association.

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