There is much discussion today about “rule of law”. Much like the term “bipartisan”, the definition of “rule of law’ can be manipulated to fit any agenda.
The United Nations define the rule of law as “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.” This is a classic definition which includes that the law be written, published, easy to understand, and be applied equally and independently. the United Nations did add another part, that the laws should be “consistent with international human rights norms and standards.” Of course, human rights norms and standards have become very flexible especially since many of the worst offenders of what has been reasonably accepted as human rights are responsible for setting the standards.
Enter Karl Marx. He called the rule of law “a great and dangerous illusion” that unfortunately the working classes naively believed. In fact, Marx and Engels taught in the Manifesto of the Communist Party, the so-called rule of law is “but the will of the bourgeoisie made into a law for all, a will whose essential character and direction are determined by the economic conditions of existence of the bourgeoisie.” In other words, the bourgeoisie first makes a law protecting only its power, then instills in the proletarians the false idea that it is a “universal” law protecting all citizens. Happily, Marx said, the solution was at hand. The Communist revolution would soon allow the proletarians to establish their own rule of law, whose custodian and only authorized interpreter will be the Communist Party.
In a book, Xi Jinping insisted that the Manifesto of the Communist Party remains the CCP’s, and his own, fundamental theoretical text. Xi’s idea of the rule of law is, essentially, Marx’s. This means that the first commandment of Xi’s thought on the rule of law is that a Communist country such as China “will not copy the models and practices of other countries, nor will it follow the so-called ‘constitutional government,’ ‘separation of powers,’ or ‘independent judiciary’ of the West.” This is nicely said. Constitutional government, separation of powers, and an independent judiciary are the essential components of the rule of law according to the United Nations’ definition.
But not according to Xi’s “new” definition. Building on Marx, Xi regards the rule of law as the principle that all should respect the laws, but the laws should respect the CCP, and be interpreted according to the CCP’s orders, directives, and interests. Xi’s thought’s core principle is that “the socialist rule of law must adhere to the CCP’s leadership.” The legal system should work “correctly handling the relationship between politics and the rule of law, and deeply understanding that the Party and the law, the Party’s leadership and the rule of law, are highly unified.” This means that “the socialist rule of law must adhere to the CCP’s leadership.” In the United Nations’ definition and the democratic understanding of the concept, rule of law means that the government too should obey the law. In Xi Jinping’s thought on the rule of law, the law should obey the government or, more precisely, the CCP.
Under the democratic concept of the rule of law, judges and others involved in the justice system should faithfully apply the law. French philosopher Montesquieu famously said that a good judge is “only the mouth that pronounce the words of the law.” Under Xi Jinping’s thought on the rule of law, China should “make it a basic requirement for legal service personnel to uphold the leadership of the CCP.” The law should be used, or not used, or if necessary misused, as the CCP deems fit.
Sometimes, Chinese propaganda insists that, unlike the West, China does not try to export its ideology abroad. Xi’s own speeches prove that this is just propaganda, and that in fact “Xi Jinping’s thought on the rule of law,” with its vitriolic Marxist criticism of democracy, is intended for export and not for the Chinese domestic market only.
The thoughts of Marx and Xi have been exported to the United States and are now the Democrat party or the Communist Party of the United States thoughts on rule of law. The Communist Party of the United States (Democrat party) now applies its own set or rules and laws pertaining to the way in which national law enforcement agencies, such as the Department of Justice, the FBI, and the CIA apply the law differently depending on the political persuasion of the individual under investigation.
Specific examples of the above would be the non-indictment of Hillary Clinton for clearly breaking laws and the indictment and prosecution of General Flynn for what we now know was a setup by the FBI. We had the impeachment of President Trump for what was called inciting an insurgency while members of the Communist Party of the United States call for riots in the streets and raise funds for bail for those who are arrested for such actions. We see the indictment of a white police officer who mistakenly shot instead of tasered a black thug who had outstanding warrants for his arrest which he was resisting arrest and the non-action for a black police officer who shot an unarmed white lady with no prior arrests and with no outstanding warrants but who by every indication was an outstanding and respectful citizen.
There are countless examples of the Communist Party of the United States (Democrats) employing the same standard set forth by Marx and Xi where rule of law is “that whose custodian and only authorized interpreter will be the Communist Party”. In an effort to reinforce this communist standard for rule of law, the Communist Party of the United States is now attempting to add more Supreme Court Justices who will also apply this same standard of the law being that “the law is whatever the Communist Party of the United States declares the law to be”.
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