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Rule of Law

Civics: Rule of Law (6 factors)

TermDefinition
Six factors (or parts) for Rule of Law Order and Security, Legitimacy, Checks and Balances, Equal Application of the Law, Procedural Fairness, Access to Justice.
Example of having “Order and Security” Police keep order and keep us secure.
Example of NOT having “Order and Security” People can steal without consequences
Example of having “Legitimacy” Citizens take part in making the laws and see the laws being enacted.
Example of NOT having “Legitimacy” People will not bother to vote or try to change their government. No encouragement to follow the laws.
Example of having “Checks and Balances” One person or part of government cannot get too much power and cannot tell another part of the government what to do.
Example of NOT having “Checks and Balances” A member of the government can do whatever they want without consequences, and can tell other parts of the government what to do, like the judicial branch.
Example of having “Equal Application of the Law” People with money or power cannot avoid punishment.
Example of NOT having “Equal Application of the Law” A person who is well known or powerful can be treated special and avoid punishment, while a regular person is sent to jail for the same or lesser offense.
Example of having “Procedural Fairness” The punishment or penalty must be reasonable for everyone. Just because someone does not have money to pay a court fee for stealing, they shouldn’t be sent to prison for life!
Example of NOT having “Procedural Fairness” Two people can do the same crime, but the one who is rich gets a low fine and pays it. One who is poor gets a high fine and can’t pay so he goes to prison.
Example of having “Access to Justice” Everyone has equal access to a judge to plead their case, and help in preparing forms. There is a Judge in all territories for everyone to see.
Example of NOT having “Access to Justice” People may not get a fair chance at punishing criminals if they can’t fill out a form, such as a blind person. Also judges are not available for all territories, or the rich or powerful ones.
The 5 limits on government Constitution, Rights of the Minority, Rule of Law, Consent of the Governed (or citizens), Separation of Power
Why would you have “Rights of the Minority”? To ensure everyone is treated equally or fairly
Why have “the rule of law”? procedures to make sure the law is enforced. No one is above the law and everyone must follow the rules.
Why have a “separation of powers”? to ensure no one person or part of the government gets too much control.
Why have the “consent of the governed (or citizens)”? so citizens can use their vote to change the government.
Voting rights power to approve or disapprove laws
Power to vote method the citizens have to change the government
Access to Justice means everyone must have the access to the courts, or judges. Rich, poor, male, female must all have equal access. If you can't read, someone reads to you. If you don't speak English, someone will translate for you.
Procedural Fairness means acting fairly in decision making. Don't punish someone more harshly just because you wanted to, or they were poor or rich, or you had a bad day.
Equal Application of the Law means the punishment or law must be applied the same way for everyone. Rich and poor get the same punishment and protection.
Checks and Balances No part of the government can have too much power so that they may control another part. Each part is separate from the other so they can check on each other.
Legitimacy People believe in the laws and their application of the laws. They are fair and meaningful to them.
Order and Security means the police are present and want to help. Robbers get arrested, people are protected. People feel safe.
Created by: mgothelf
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