Dishonest politicians (many of whom are lawyers), naïve students, ignorant citizens, illegal immigrants and others frequently express reverence for America being a country operating under ‘the rule of law’.  What is ‘the rule of law’?

“Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced. Independently adjudicated”. (Oxford Dictionary)  I might also add that most scholars believe it is necessary for the people living under a rule of law to be able to understand the laws. Does any of this seem to apply to the legal system under which America lives in 2024? For a start, the laws under which we live are beyond the average person’s comprehension.  We have over 1,300,000 lawyers in the United States for precisely this reason.

As important – are the laws of countries, including the United States, based on whatever government and social structure is in place at any given time? Democracy, capitalism, communism, socialism, dictatorships, republics, monarchies, theocracies (Spanish Inquisition, Sharia) each have had different ‘rules of law’. Crimes have different definitions at various times in history in most countries – for example ‘Treason’. In our justice system the enforcement of laws are actually modifications of the ‘rule of law’. For example, burglary may be illegal but enforcement is based on what is socially acceptable at the time or in the locale. The ‘rule of law’ is constantly changing with the times.

Bottom line – be suspicious of people who use the term ‘rule of law’ as if it is a constant. The dictionary may have pinned down a definition but it is harder to pin down what the ‘rule of law’ is in practice.