What is the rule of law?
One hears much about the rule of law and its importance to human rights. But what is it, exactly? I thank Prof. Tim McCormack for bringing this succinct definition to my attention. It comes from a 2004 report by the UN Secretary-General to the Security Council:
The “rule of law” . . . refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.
