An Introduction to the Rule of Law in Comparative Perspective

Abstract

The rule of law has a long history in the aspirations of oppressed peoples everywhere1. Developing societies seek to establish the rule of law, well-regulated societies seek to preserve it, and most governments claim to maintain it, whatever the nature of their actual practices2. This makes the rule of law a nearly universal value, endorsed by the United Nations General Assembly, for example, which has repeatedly identified “human rights, the rule of law and democracy” as “universal and indivisible core values and principles of the United Nations.”3 The Universal Declaration of Human Rights, approved by the Assembly without dissent, recognized that “…it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the Rule of Law.”4 These ringing assertions, repeated or paraphrased by the European Convention on Human Rights5 the American Convention on Human Rights,6 the African Charter on Human and Peoples Rights7 and numerous other regional agreements and national constitutions,8 illustrate the necessary moral component always present in appeals to the “rule of law.” The “rule of law” in its usual sense implies the fulfillment of justice and the negation of government by and for the benefit of those in charge.9