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In: Economics

Reflect on the importance of law in a democratic society. As a law-abiding citizen, what can...

Reflect on the importance of law in a democratic society. As a law-abiding citizen, what can you do to uphold the rule of law? What are the implication when the rule of law eradicated?

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Expert Solution

The backbone of all civil systems is the rule of law. The division of authority, maintaining transparency and enhancing resilience, is ensured by a proper system of checks and balances. The concepts of legality, procedural precision, the prohibition of discretionary executive authority, judicial independence, impartiality and equity before the law must be upheld in order to preserve confidence in democratic institutions. To ensure successful judicial security, the position of national and European courts is vital.

However, the rule of law is of immense significance. That we should all be fighting for is a democratic ideal. To see why, consider a fictional world where there is a collapse in the rule of law. Plainclothes police officers shot dead a man they say was behaving suspiciously, but the police chief is obstructed by the regular forensic investigation of the killing that will usually occur. Legislation is passed conferring broad, ambiguous powers for 'promotion of national security' on government officers, although public oversight of their use in ordinary courts is denied; challenges on the scope and vagueness of these measures are faced with replies that can be trusted by the authority to exercise their powers equally. Officials are beginning to routinely disobey judicial orders.

To be sure, it is the liberal tradition in the modern world which values the rule of law most highly. The rule of law is seen as an overall basis of protection by liberals who are concerned with means of defending (and realising) rights in any manner and preventing threats to it. Nevertheless, even among leftists, there is considerable controversy about what precisely qualifies as a faithful use of the word and how that is to be done, even when it is nailed down.


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