THE RULE OF LAW IN CONTEMPORARY DEMOCRACIES: A PILLAR OF STABILITY AND JUSTICE

APA full citation: Filho, C. I. (2024). The Rule of Law in Contemporary Democracies: A Pillar of Stability and Justice. Charles The Son Holding. https://www.ebscentre.org/law-and-politicalscience/

Abstract

The rule of law is a foundational principle in democratic societies, ensuring that all members of society, including government officials, are subject to and accountable under the law. This article explores the importance of the rule of law in contemporary democracies, analyzing its role in maintaining social order, protecting human rights, and fostering economic stability. By examining recent challenges, such as rising authoritarianism, judicial independence, and the impact of digital technologies, the article underscores the rule of law's critical function in sustaining democratic governance in the 21st century.

Keywords: democratic society, accountability, rule of law, social order, human rights, economic stability

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Introduction

The rule of law is a cornerstone of democracy, ensuring that laws govern a society rather than arbitrary decisions by individual leaders. It embodies principles of justice, equality, transparency and accountability, which are essential for the functioning of democratic institutions. In contemporary contexts, the rule of law faces significant challenges, including political polarisation, populism, and technological disruptions. This article aims to provide a comprehensive analysis of the rule of law in today's democracies, highlighting its importance and examining the pressures that threaten its integrity.

The Rule of Law: Definition and Significance

The rule of law refers to the principle that all individuals and institutions, including the government, are bound by and accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated. It ensures that justice is applied consistently and fairly, protecting citizens from arbitrary power. In democracies, the rule of law is crucial for safeguarding human rights, maintaining public order, and ensuring that power is exercised within a legal framework that respects individual freedoms.

The Role of the Rule of Law in Democratic Governance

In democratic systems, the rule of law serves several key functions such as the protection of rights and freedoms whenever it ensures that citizens' rights are protected by preventing the abuse of power. Laws that are fair and applied equally prevent discrimination and safeguard individual liberties.

Beyond that, the rule of law provides a predictable and stable legal environment where individuals and businesses can plan and operate without fear of arbitrary interference (maintenance of social order); and furthermore, by holding government officials and institutions accountable to the law, it promotes transparency and reduces corruption (accountability and transparency).

The so-called authority derived from rule of law creates a bond which legitimises government actions by ensuring they are based on legal norms rather than personal or political interests.

Contemporary Challenges to the Rule of Law in Democracies

In recent years, the rule of law in democracies has been increasingly challenged by various factors as it follows.

In several democracies, the rise of authoritarian leaders and populist movements has posed significant threats to the rule of law (e.g. Hungary under Viktor Orbán; Turkey under Recep Tayyip Erdoğan; Brazil under Jair Bolsonaro; The United States under Donald Trump). These leaders often undermine judicial independence, attack the media, and weaken checks and balances, eroding democratic institutions. Populist rhetoric frequently positions the "will of the people" against established legal norms, creating tensions between majority rule and the protection of minority rights.

Consequently, judicial independence is a critical component of the rule of law. However, in many contemporary democracies, there have been efforts to undermine the judiciary through political pressure, manipulation of judicial appointments, and budgetary constraints. These actions weaken the judiciary's ability to act as a check on executive and legislative powers, threatening the impartial enforcement of laws.

Apart from the institutional impact, the advent of digital technologies has introduced new challenges to the rule of law. Issues such as cybercrime, the spread of misinformation, and the use of artificial intelligence in legal processes raise questions about how laws can be applied effectively in an increasingly digital world. Moreover, the power of technology companies and the control of data have led to concerns about privacy, surveillance, and the manipulation of public opinion, which can undermine democratic processes.

Matter of fact, the advance of technology has unleashed a globalisation era, which has led to the rise of transnational issues, such as climate change, migration, and international trade, which challenge the traditional frameworks of the rule of law. National legal systems often struggle to address these global issues, requiring international cooperation and the development of new legal norms that can effectively govern cross-border activities.

The Future of the Rule of Law in Democracies

To preserve the rule of law in contemporary democracies, it is essential to strengthen democratic institutions and promote legal reforms that address the challenges posed by authoritarianism, populism, and technological change.

To promote this fruitful environment we shall foster some insightful initiatives such as the reinforcement of judicial independence, ensuring that courts remain independent and free from political influence is crucial for maintaining the integrity of the rule of law. That means also that public policies must hold a educational criteria where citizens are educated about their rights and the importance of the rule of law can empower them to hold governments accountable (legal literacy and public awareness).

Lastly but not less important would be the continuous effort from the international community in developing tailored legal frameworks that can address issues such as cybercrime, human rights, and environmental protection, but not only.

Conclusion

The rule of law is indispensable for the functioning and sustainability of democracies. It upholds justice, protects rights, and ensures that power is exercised within a legal framework that respects democratic principles. In the face of contemporary challenges, it is vital for democracies to reaffirm their commitment to the rule of law and to adapt their legal systems to meet the demands of a rapidly changing world. By doing so, they can preserve the values of justice, equality, transparency and accountability that are essential for democratic governance.

Carlos I. Filho

References

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World Justice Project (2021). "Rule of Law Index."

Habermas, J. (1996). "Between Facts and Norms: Contributions to a Discourse Theory of Law and Democracy."