Understanding the Rule of Law: Principles and Requirements
Rule of Law: Requirements and Features
According to Article 16 of the Declaration of the Rights of Man and of the Citizen (DDHC): "A society in which the guarantee of rights is not assured, nor the separation of powers determined, has no constitution."
On this historical basis, we can analyze the requirements of the rule of law. Professor Elias Diaz, in his famous book, "Democratic Society and Rule of Law," outlines four of these requirements:
1. Rule of Law
The rule of law replaces the rule of men with the government of laws. This is a consequence of the desire to "depersonalize" the exercise of political power. As a government of laws, it follows that all public authorities, not only citizens, are subject to the law. It is not just any kind of...