Helpdesk

Question
Rule of Law Approaches: What different approaches to Rule of Law exist and what are the consequences of applying different definitions of the Rule of Law? What sources of measurement (indicators) exist internationally and how might these be applied?

Helpdesk response
Key findings: There is no universal definition for the term 'rule of law' or a common approach toward rule of law. There are, however, some universal key distinctions and principles.

A key distinction that is generally accepted is between ‘rule by law’ and ‘rule of law’: Under rule by law, law is an instrument of government and government is considered above the law; Under rule of law, everyone in society is bound by the law, including the government.

Another distinction is that between the notion ‘Rechtsstaat’, which focuses on the vertical relationship between the government and the citizens; and the ‘rule of law’, which also includes the horizontal relations amongst citizens.

Common principles of the rule of law include:

• predictability, certainty, publicity and clarity of laws
• open, clear and stable rules for making such laws
• prevention of arbitrary exercise of power
• promotion of formal equality
• order

Full response: http://www.gsdrc.org/docs/open/HD694.pdf

Date query received by the Helpdesk: 18 June 2010

Enquirer's contact details:
DFID Stabilisation Unit