The Role of Lawyer in Establishment of Rule of Law and Protection of Human Rights

Ebad Rouhi,Leila Raisi,Mahmoud Jalali

doi:10.5901/mjss.2016.v7n4p28

Abstract

One of the items of rule of law in any political and legal system is existence of an efficient and independent judicial system. Independence and efficiency in judicial system and hearing process are not realized without counsellorship and the regulatory and supportive role of the lawyer. With consideration of different approaches and viewpoint of rule of law in its formal and substantive aspects, one could observe the significance of position and role of lawyer and advocacy in establishing the rule of law and protection of human rights in any society. In a broad perspective, one could claim that the lawyer could play a significant role in different stages such as establishment of rule of law and its development, drafting of bills and legislations, trial stage and playing regulatory role as well as teaching rules and making them predictable for the citizens. The review of certain concepts such as equality before the law, the supremacy of law, legal certainty, predictability, objectivity of law, and other elements of rule of law manifests the necessity of presence of lawyer and significance of advocacy in realizing such concepts, establishment of rule of law, and protection, education and training of human rights. In regard to the elements and items of rule of law, the present study aims to apply the substantive and formal conceptions of rule of law so as to explain the role and position of lawyer in establishment of rule of law and protection, promotion and development of human rights. DOI: 10.5901/mjss.2016.v7n4p28

Highlights

To realize justice and prevent the abuse and violation of rights, the theorists of philosophy of law and political thought refer to the theory of rule of law and believe that through the rule of law, one can witness a dynamic, sustainable and vibrant society in which the law dominates every action, entity and figure
The historical and philosophical evolution of the legal and philosophical thought, as well as international law and the international human rights system shows that the trend toward the rule of law and supremacy of law over structures and figures have an incremental trend and the number of UN General Assembly resolutions on the rule of law manifests the significance of this issue more clearly
Regardless of the content of the law that constitutes the argument between these two approaches, they both agree on the fact that one of the items of rule of law and a condition of its realization is existence of an independent judicial system as a monitoring and controlling authority

Summary

Introduction

To realize justice and prevent the abuse and violation of rights, the theorists of philosophy of law and political thought refer to the theory of rule of law and believe that through the rule of law, one can witness a dynamic, sustainable and vibrant society in which the law dominates every action, entity and figure. Advocacy as a part of civil society and associated with the judicial system of any society might play a role in different levels to support the rule of law, realize justice and protect and promote human rights. One could clearly observe the significance of position and role of lawyer as well as advocacy in establishment of rule of law and protection of human rights in any society and through the consideration of different viewpoints and conceptions of the rule of law in its formal and substantive kinds. The review of some items such as equality before the law, the supremacy of law, legal certainty, predictability, objectivity of law, and other elements of rule of law manifests the necessity of presence of lawyer and significance of advocacy in realizing such concepts, establishment of rule of law, and protection, education and training of human rights. The position of advocacy and the role of lawyer in realization of elements of rule of law and its effects on support of human rights and reinforcement of models of human rights are studies

Concept of Rule of Law and Its Different Conceptions

Lawyer and Rule of Law in Courts of Trial

Lawyer and Legal Certainty

Lawyer and Measure of Equality in the Rule of Law

Conclusion