Posted by: Ian Bruk | August 13, 2006

In Canada we do not live under “The Rule of Law”

More and more I find the phrase “The Rule of Law” brought up. Most people seem to mean by “The Rule of Law” a society that respects “their” law. I believe, however, that “The Rule of Law” has more to with the idea that governments should be answerable to the same laws as the people. Wikipedia has more on “The Rule of Law“.

To truly understand the “Rule of Law” a good place to start is Friederich Hayek’s “The Constitution of Liberty”. In searching for Hayek’s explanation I found the follow excerpt from an article entitled: “Hayek’s Perception of the Rule of Law” by Kurt R. Leube

While law used to mean a general rule equally applicable to all, we have come to call a law whatever the representative assembly resolves, irrespective of whether it has the inner character of the law or whether it is a specific order to execute such and such a thing. The consequence is, that the classic concept with which the idea of freedom under the law was connected, that government ought to be under the law, has not been fully realized. Government under the law means that those people who govern should have no power over private people except to enforce the general rules of law. But in fact, in modern development, the same people who govern also lay down the laws.

I think because “The Rule of Law” has been transgressed in our society by the governments themselves that we will more and more see a breakdown of law itself until we rediscover the absolute necessity of a “Rule of Law” in its originally intended form.

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Responses

  1. yes you are unto something worth thinking and doing something about – the essentials of the free and law obiding democracy are being weaken by the very governments whose duty is to uphold and protect them –


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