Rule of Law vs. Rule by Law

Gavel and Scale rule of law and rule by law

Rule of Law vs. Rule by Law

In a perfect world, everyone would follow and abide by the laws in this country. And while the vast majority of people are law-abiding citizens, there are many who break the law on a regular basis, and sometimes, do so with malicious intent. But the actual way in which the law is exercised and implemented can differ, and differ quite greatly. This understanding is broken down into two categories: rule of law vs. rule by law.

Here is a breakdown of what the two mean for citizens and the legal system:

What is the Rule of Law?

The Rule of Law is an intrinsically abstract idea grounded in philosophical and moral concepts. One of its most basic tenants is that all people, whether at the lowest level of citizenship or the highest, being the sovereign or government ruler, are equal under the law itself. Simply put, no one is above the law, and any broken law should be equally punishable across the board, regardless of status in society or the local community.

It is also associated with the concept of natural law, which claims that because we all belong to the larger human community, everyone must be treated under the same laws and possess the same rights.

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What is Rule by Law?

In contrast, Rule by Law is a concept that sees the governing authority as somehow being above the law and having the power to create and execute law where they find it to be convenient, despite the effect it has on larger freedoms that people enjoy. To expand on this idea, rule by law is a method that governments and people in power use to shape people’s behavior and, in terms of governing a country, mass groups of people. This usually aims to psychologically or forcefully persuade people to agree with policy decisions they otherwise would not agree with.

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