Idea
Laws, not the will of individual rulers, govern. Law must be public, general, prospective and applied equally, and officials must be accountable under it.
Theory
A. V. Dicey (1885) stressed supremacy of regular law and equality before it. Lon Fuller listed eight desiderata of legality, such as clarity, non-retroactivity and congruence between rules and official action. Joseph Raz defended a formal, "thin" conception; Tom Bingham and others argued for "thicker" versions that include fundamental rights. Brian Tamanaha mapped these contrasts.
Real examples
- Clause 39 of Magna Carta (1215) barred punishment except by lawful judgment or the law of the land.
- The United Nations describes the rule of law as accountability to laws that are publicly promulgated, equally enforced and independently adjudicated.
- The World Justice Project defines it through accountability, just law, open government and accessible and impartial justice, and publishes an annual index.
Critique
Thin accounts can be satisfied by unjust but orderly law ("rule by law"), thick accounts may merge the rule of law with all good government, and promoting it abroad has had mixed results.
Results
The ideal is widely endorsed, yet there is no agreed definition or single measure, and evidence on what causes it is contested.
Claims
The United Nations defines the rule of law as a principle of governance in which all persons and institutions, including the State, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and consistent with international human rights norms.[1]
The World Justice Project defines the rule of law through four principles: accountability, just law, open government, and accessible and impartial justice.[1]
Scholars disagree whether the rule of law is a formal property of legal systems (a thin conception, as in Raz and Fuller) or must include substantive protection of rights (a thick conception, as in Bingham), so measures and definitions differ.[1][2][3][4][5]
Revision history
- 2026-10-23rev 1 — Seed import