October 15, 2012 - The Rule of Law

Rule of Law

The preamble to the Charter reads:
"Whereas Canada is founded upon principles that recognize the supremacy of God and the rule of law:"

"For the United Nations, the rule of law refers to 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. It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision-making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.” (S/2004/616) Report of the Secretary-General on the Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies

Rule of Law Defined: "That individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals.” Duhaime

It is interesting too that in this definition the treatment of individuals and persons are separated. A person is an entity distinct from an individual. 

If "individuals, persons, and government" are equally subject to the Rule of Law, then too are the private contracts and statutes of these entities so subject. There must again then be a clear distinction between law and statutes, i.e. a statute is not in general, law, it represents the will of legislators in the same way that a private contract represents the will of those party to the contract. A statute is “law” only to those entities created by legislation, i.e. a person. The repeated referral to statutes as ‘the law’ to humans is tantamount to fraud and is designed to solicit an automatic, programmed submission from an individual (a man or a woman) against whom it is used.

How is it that a government (a group of individuals) can arbitrarily create rules (statutes) that another private individual is expected to obey without their consent? Under the Rue of Law this cannot happen.

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