Principles of the Rule of Law

 Essential Requirements of a Society under the Rule of Law
 The Legislature and the Rule of Law
 The Executive and the Rule of Law
 The Criminal Process and the Rule of Law
 The Judiciary and the Rule of Law
 The Legal Profession and the Rule of Law
 The Role of Legal Education in a Changing Society
 Economic and Social Development
 The Rule of Law and the Layman

 Guide to Human Rights Provisions

 Introduction
 Universal Declaration of Human Rights
 Act of Athens
 Declaration of Delhi
 Law of Lagos
 Resolution of Rio
 Declaration of Bangkok
 Declaration of Colombo
 Resolutions adopted at Congresses and Conventions of ICJ
 

 

Introduction

1.    The observance of the Rule of Law depends on an understanding and acceptance by public servants and members of the public of what is implied by the term “Rule of Law";

2.    The present time is appropriate for embarking upon a programme designed to promote a wider understanding and observance of the Rule of Law;

3.    All judges, legislators, lawyers, officials and other persons connected with the enactment, execution and enforcement of law should in the observance of the Rule of Law act in such a manner as to be an example to the rest of the community in this respect;

4.    Respect for the Rule of Law is best ensured where the law recognizes the economic and social needs of the people.

Means of disseminating the Rule of Law

1.    Bearing in mind both the lack of public understanding as to the function and purpose of legal procedures and the often cumbersome nature and many shortcomings of legal systems and procedures, the

International Commission of Jurists and its National Sections should constantly review the best means of dealing with such matters as:

(a) What is described as "the law's delays";

(b) The convenience of litigants and witnesses;

(c) The method of appointing judges and judicial officers;

(d) The importance of an independent and competent judiciary;

(e) The need to ensure that no suspicion of bias or other improper motive will attach to members of the Judiciary or to court officials;

(f) The need to ensure that exorbitant costs (including court fees) do not penalize persons who have recourse to the courts;

(g) The provision of an adequate number of judges and judicial officers;

(h) The provision of adequate facilities for the conduct of judicial business (i.e. court premises, consulting rooms, clerical assistance, etc.);

(i) Methods of simplifying legal formalities including the methods of serving court documents and of drawing court orders;

(j) Methods of determining and of enforcing a code of ethics for lawyers and judges;

(k) Methods of ensuring adequate legal education.

2.    The provision of free legal aid or the extension of existing legal aid schemes to ensure that justice is neither denied nor delayed by reason of inadequate financial means should be implemented.

3.    National Sections should take steps in accordance with the need of each particular country to publicize the work of the International Commission in the languages of their respective countries.

4.    As the reform of the law is primarily the responsibility of the lawyer, a committee for law reform should be established by each National Section in order to see that the law conforms to the needs of society.

5.    Each National Section should take effective steps for the purpose of disseminating information regarding the work of the International

Commission of Jurists, using as much as possible all the mass media of communication available in each country.

6.    (a)   (i) The publication of school text-books concerned with the

Rule of Law at the secondary school and university level should be undertaken. These publications may be undertaken profitably in cooperation with national educational authorities and with other international bodies, such as UNESCO.

(ii) The study of the legal system and the Rule of Law should be made part of the school curriculum in such courses as civics and government;

(b) National Sections of the Commission should, if conditions permit, seek to establish school and student groups connected with the observance of the Rule of Law. Where such conditions do not exist, National Sections should take steps to provide information about the Rule of Law to schools and already existing student groups;

(c) Information concerning the Rule of Law should be provided to all institutions and organizations considered suitable by the National Sections, including religious groups, where practicable and necessary.

7.    While membership of National Sections of the International Commission of Jurists should be confined primarily to persons engaged in the pursuit or study of law, members of the public interested in the promotion of the Rule of Law may be admitted at the discretion of National Sections, to full or associate membership.

8.    The public should be invited to participate in the activities of the National Sections.

9.    National Sections should promote the observance of Human

Rights Day in each year and on that occasion emphasize the work of the International Commission of Jurists in the effective protection of human rights through the Rule of Law.

10.   Steps should be taken to acquaint the public and public authorities with the constructive role the lawyer can and does play in the adjudication and settlement of disputes.