Foundations of a Free Society: Justice and the rule of law

Foundations of a Free Society: Justice and the rule of law

July 10, 2019 0 By Kailee Schamberger



you justice is not an invention it's not something that is created by political power or by legislation rather it's a set of rules and principles which arise from the nature of the world that we live in and our own nature as human beings that's one of the reasons why the principles of justice are pretty much the same in every known human society and civilization they are truly Universal for the principles of justice to be instantiated and actually put into effect you need to have the rule of law which is perhaps the central institution in a free society for the rule of law to apply law has to have certain qualities it must be clear and known there must be no retrospective laws there must be no treating people differently the law must rather treat all people equally punishments for breaches of the law must be known and must be proportional to the offense committed also the enforcement of the law has to have certain qualities for the rule of law to apply there have to be fair trials with a neutral treatment of the evidence there must be no lengthy imprisonment before trial people must not be subject to trial more than once for the same offense they can only be tried for an offense that was actually illegal at the time it was committed again no retrospective law when these principles apply you have the rule of law and what that does is to constrain the arbitrary will and power of people who are ruling society it means that there is a sphere of Independence for each individual in society which allows them to pursue their own ends and goals peacefully without infringing on others in order for this to be done though there has to be an independent judiciary which is not under the control of the political class and there has to be an independent police or law enforcement force which is wide corruption in either of those arms of government is utterly intolerable and cannot be accepted to download a free copy of foundations of a free society written by the Smith Institutes dr. Ayman Butler visit our website at IAD org dot uk'