The Rule of Law as the Foundation of Civilization The policy of basic human fairness by public declaration of laws that equally apply to both citizens and government authorities, traces back to ancient Egypt. Since as early as ca. 2,500 BC, the Pharaohs published laws by papyrus scrolls, which were copied and distributed to all the regions of the land, and published declaratory summaries in standing “Steles” of stone in public places, literally “written in stone”, for all to see. Even the Pharaohs could be deposed, exiled, denied their burial rights and erased from history if they violated their sacred obligations to the welfare and rights of the people. The most ancient philosophers and scholars such as Aristotle (384-322 BC) wrote the fundamental principle that “Law should govern”. [1] This essential doctrine as the cornerstone of civilization, and the embodying phrase “Rule of Law”, was popularized by the 19th century British constitutional jurist Professor Albert Venn Dicey (1835-1922). [2] The core concept of “Rule of Law” is that public law – visible to and verifiable by all – must be the supreme authority, applying equally both to citizens as well as government officials. This is the basic doctrine of jurisprudence that no person, institution, government nor country should ever be “above the law”, but must be subject to publicly disclosed legal codes that can be fairly applied to all. [3] The most fundamental function of Justice, by an independent Judiciary, must be to apply the public law to the facts of a case, as governed by any private lawful contract, dealing with all facts as supported by available evidence. Therefore, true Justice requires objective application of Law to facts, and requires respect for factual Truth. Unfortunately, in the modern era, Justice is increasingly politicized, with too many judges serving as political appointees tasked with private agendas applied by subjective and superficial conclusions, often disregarding facts and evidence. In global affairs, long-established doctrines of international law and treaties among nations are flouted by subjective misinterpretations based upon superficial excuses, backed by government pressuring and manipulation of mass media to “spin” or hide relevant facts and evidence. As a result, the world community is increasingly losing the “Rule of Law”, and flagrant violations of civil rights, human rights and international law are putting government agencies (and even certain countries) “above the law”. This dangerous trend presents a direct threat to the “Rule of Law” itself, a threat to international security and peace among nations, and a threat of the collapse of modern civilization as a whole. It is the mandatory obligation of all International Courts of Justice, Arbitration Courts, governmental Courts of Law, Judges, law firms, and individual lawyers, to uphold the Rule of Law. This is precisely the reason why Judges are universally protected by a measure of immunity (similar to diplomatic immunity), and lawyers are afforded protection of “privilege” to maintain client confidentiality, specifically to empower Judges and lawyers to stand up against corrupt government officials, and fight to ensure that no authorities are allowed to operate “above the law”. ~IVU
Posted on: Fri, 22 Aug 2014 11:19:26 +0000