What Is the Rule of Law?
We understand the rule of law as a set of principles defined by the Conference on Security and Cooperation in Europe (CSCE) attended by all the European countries, Canada and the United States in Copenhagen (1990) and Moscow (1991).
The Rule of Law Principles:
- free and democratic elections;
- a representative form of government in which the executive is accountable to the elected legislature or the electorate;
- the duty of the government and public authorities to comply with the constitution and to act in a manner consistent with law;
- a clear separation between the State and political parties;
- military forces and the police will be under the control of, and accountable to, civil authorities;
- human rights and fundamental freedoms will be guaranteed by law;
- free access to the legislation adopted at the end of public procedure;
- all persons are equal before the law and are entitled without any discrimination to the equal protection of the law;
- everyone will have an effective means to redress against administrative decisions;
- the independence of judges and the impartial operation of the public judiciary service;
- protection of the independence of legal profession;
- clear definition of powers in relation to prosecution in criminal procedure;
- any person arrested or detained on a criminal charge will have the right to be brought promptly before the judge or other officer authorized by law to decide the lawfulness of his arrest or detention;
- the entitlement of everyone to a fair and public trial;
- the right of everyone to defend himself in court in person or through prompt legal assistance, to be given free if he does not have sufficient means to pay for legal assistance;
- no one will be charged with, tried for or convicted of any criminal offense unless the offense is provided for by law which defines the elements of the offense with clarity and precision;
- everyone will be presumed innocent until proven guilty according to law;
- the participating states reaffirm that their domestic legislation will comply with international laws in the field of human rights, including guarantees for the freedom of information and communication, travel, thought, conscience and religion, right of peaceful assembly and demonstrations, associations, private property, etc.
The Rule of Law
A democracy is a system of self-government in which people agree to a set of principles and rules of conduct [laws] by which they build a society together.
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