rule of law and separation of powers cornerstones of the
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Rule of Law and Separation of Powers –Cornerstones of the Legal Community
THE RULE OF LAW
NATIONAL CONFERENCE OF BAR PRESIDENTS
WEBINAR
APRIL 17, 2018
Ian McDougall
EVP & General Counsel
LexisNexis | Legal & Professional
3
• ORIGINS OF THE RULE OF LAW
• RULE OF LAW DEFINITION
• WHY THE RULE OF LAW IS IMPORTANT
• RULE OF LAW SEPARATION OF POWERS
TOPICS
IDEAS OF JUSTICE
&
ORIGINS OF RULE OF LAW
5
Thomas Hobbs John Stuart Mill Robert Nozic
LeviathanThe State of Nature
1651
On LibertyUtilitarianism
1859
A Theory of JusticeSocial
Contract/Distributive Justice
1971
Anarchy, State &Utopia Social
Contract/Libertarianism
1974
VARIOUS IDEAS OF JUSTICE
John Rawls
6
ORIGINS OF THE RULE OF LAW
c.1760 BC
Hammurabi Code
c.380 BC
Plato The Republic
The CritoThe Laws
c.800 BC
Upanishad
c.500 BC
Confucianism
7
ORIGINS OF THE RULE OF LAW
c.527 - 565
Emperor Justinian
“Corpus Juris Civilis”
Magna Carta
c.1215
8
ORIGINS OF THE RULE OF LAW
Professor A.V. Dicey
RULE OF LAW
DEFINITION
1 0
UNITED NATIONS: RULE OF LAW DEFINITION
The rule of law is 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.
“
”
11
= The Rule of Law
+Equality Under
the Law +Transparency
of Law
Independent Judiciary +
Accessible Legal Remedy
LEXISNEXIS: DEFINITION OF THE RULE OF LAW
HOW THE RULE OF LAW
IS MEASURED
&
WHY IT’S IMPORTANT
1 3
Rule of Law Rule by Law
All principles are present
Laws exist but one or more
of the principles are
absent
ECONOMIC IMPACT
1 4
WORLD JUSTICE PROJECT RULE OF LAW INDEX
DOCUMENTS
ADHERENCE TO THE
RULE OF LAW:
44 INDICATORS
8 CATEGORIES
100,000 CITIZEN &
EXPERT INTERVIEWS
1 5
Denmark
Venezuela
WORLD JUSTICE PROJECT RULE OF LAW INDEX
1 6
WORLD JUSTICE PROJECT: RULE OF LAW COUNTRY RANKINGS
1 7
WORLD JUSTICE PROJECT: RULE OF LAW INDEX 2015
1 8
Stronger rule of law
normally means higher GDP
per capita.
GDP PER CAPITA AND RULE OF LAW
1 9
For child mortality, higher
rule of law scores relate to
fewer deaths.
CHILD MORTALITY AND THE RULE OF LAW
2 0
Homicide rates generally fall
as rule of law increases.
HOMICIDE AND THE RULE OF LAW
2 1
Corruption drops as the rule
of law strengthens.
CORRUPTION AND THE RULE OF LAW
2 2
HIGHER LIFE EXPECTANCY AND THE RULE OF LAW
Higher rule of law, means
higher life expectancy.
RULE OF LAW
&
SEPARATION OF POWERS
2 4
RULE OF LAW & SEPARATION OF POWERS
* Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government (3rd ed.) (Indianapolis: Liberty Fund, 2000), Part 4. Basic Constitutional Concepts:
Federalism, Separation of Powers, and the Rule of Law, section C The Rule of Law and The Basic Principles of the American Constitution, pp. 347-54.
“…the powers of government
must be defined and
distributed…enumerated,
separated and divided.” *
2 5
• “In England, amidst the clash of arms, the laws
are not silent. They may be changed, but they
speak the same language in war as in peace. It
has always been one of the pillars of freedom,
one of the principles of liberty for which on recent
authority we are now fighting, that the judges are
no respecters of persons, and stand between the
subject and any attempted encroachments on his
liberty by the executive, alert to see that any
coercive action is justified in law.[...]”
• - Lord James Richard Atkin, dissenting opinion in
Liversidge v. Anderson
RULE OF LAW & SEPARATION OF POWERS
2 6
• Long and International History – A Transferrable Concept
• Definition of the Rule of Law
• Discussion point – Human Rights/Democracy & Rule of Law
• “Rule of Law” -v- “Rule by Law”
• Rule of Law is the foundation of everything needed for development
SUMMARY & CONCLUSION
The Rule of Law
THANK YOU
© Copyright LexisNexis 2018. All rights are reserved.This may be copied/reprinted only with permission of
LexisNexis
Rule of Law and Separation of Powers: Cornerstones of the Legal
Community
April 17, 2018
Goals for Law Day & Rule of Law Webinar
➢ Understand Law Day and its history.
➢ Obtain resources for your bar associations and organizations.
➢ Plan effective, impactful, and engaging programs in your community.
➢ Discuss separation of powers in a non-partisan manner.
Today, we strive to help you:
What is Law Day and how can it be a
beneficial tool for your bar association or organization to connect with the community?
Law Day Defined
Law Day, held annually on May 1, is a national day set aside to celebrate the rule of law.
Law Day underscores how law and the legal process contribute to the freedoms that all Americans share. Law Day also provides an opportunity to recognize the role of courts in democracy and the importance of jury service to maintaining the integrity of the courts.
Law Day History At-a-Glance
Charles Rhyne was the youngest elected president of the American Bar Association (ABA).
➢ 1957: American Bar Association (ABA) President Charles S. Rhyne envisioned a special day for celebrating our legal system.
➢ 1958: President Dwight D. Eisenhower established Law Day as a day of national dedication to the principles of government under law.
➢ 1961: Congress designated May 1 as the official date for celebrating Law Day. This program continues today and has grown to many countries around the globe.
Law Day Celebrations
Law Day programs are designed to help people better understand how law protects liberty and how the legal system strives to achieve justice.
When is Law Day celebrated?
May 1 is the official date, but many celebrations take place either before or after that date. Some organizations celebrate a Law Week or Law Month.
How is Law Day celebrated?
Thousands of Law Day programs are conducted each year for youth and adults across the country.
Commemorating Law Day
In addition, every year since 1958, the president of the United States has issued a Law Day proclamation recognizing the importance of the rule of law.
Law Day Resources
It provides a single location for tools to plan programs and activities.
The Law Day website is www.lawday.org.
➢ Planning Guide
➢ Dialogue/Conversation Starters on Separation of Powers
➢ Reflections from Prominent Figures in Law and Government
➢ Sample Proclamation, Letter to the Editor, and Press Release
➢ Artwork
➢ Events Calendar
➢ Promotional Products
➢ 2017 Law Day Award Winners
➢ 2018 Law Day Award Criteria
Law Day Resourceswww.lawday.org
Planning a Law Day Program
Programming Ideas➢ Legal Community➢ Law Students➢ College and University Students➢ Grades K–12➢ General Public
Tips for Publicizing Your Event
Event Promotion Checklist
Suggested Resources➢ Nonfiction Books➢ Documentaries➢ Multimedia➢ Teaching Resources
Law Day Planning Guide has helpful tools such as:
Separation of Powers – Nonpartisan Discussion
The United States Constitution sets out a system of national government with three branches—legislative (Congress), executive (President), and judicial (Supreme Court).
The Constitution vests important functions in each branch, meaning it gives them separate, distinct powers.
This separation of powers and the principle of checks and balances aim to prevent any branch from getting too powerful and becoming oppressive.
Separation of powers one page overview.
Separation of Powers – Nonpartisan Discussion
Focus on the fundamentals and not the partisan, emotionally charged aspect of checks and balances.
Conversation starters and talking points on separation of powers.
Law Day Contact Information
Hopefully the puzzle has come together and helped give you ideas to reinvent or launch Law Day programs in your area.
Resources and Information:www.lawday.org
Contact Person:
Chandra FitzpatrickSenior Outreach Manager
ABA, Division for Public Educationchandra.fitzpatrick@americanbar.org
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