Tuesday, 21 August 2007

Rule of law

In modern democracies, the notion of rule of law is paramount. Even when many governments may not fully adhere to its precepts, our rulers often simply pay lip service to its ideals and to the defence of republican values. Two influential comments on the notion of rule of law are the following:

1. Thomas Paine (Common Sense, 1776):

But where, say some, is the king of America? I'll tell you Friend, he reigns above, and doth not make havoc of mankind like the Royal of Britain. Yet that we may not appear to be defective even in earthly honors, let a day be solemnly set apart for proclaiming the charter; let it be brought forth, placed on the divine law, the word of God; let a crown be placed thereon, by which the world may know, that so far as we approve of monarchy, that in America the law is king. For as in absolute governments the king is law, so in free countries the law ought to be king; and there ought to be no other. But lest any ill use should afterwards arise, let the crown at the conclusion of the ceremony be demolished, and scattered among the people whose right it is.

2. John Adams (1735-1826: framer of the Massachusetts Constitution. Quote below from The First Part, Art. XXX (1780))

In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.

Another gem from Paine (Common Sense, 1776):

A long habit of not thinking a thing wrong, gives it a superficial appearance of being right, and raises at first a formidable outcry in defense of custom.

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