A free nation that protects the individual liberties and rights of each citizen can only exist as a free nation if it adheres to “rule of law”. A dictatorship of any sort can only remain a dictatorship if it exists as a nation adhering to arbitrary law.
More than two hundred years ago, our Founders created and signed the Constitution of the United States. This codified, written constitution established that ours would be a nation governed by the rule of law.
The concepts embodied in the phrase “rule of law” are both simple and complex. Its simplicity derives from the fact that the underlying notion is clear: all persons, regardless of race, ethnicity, gender, religion, sexual orientation, economic or social status, or other group or individual characteristic, are equal in the eyes of the law. The concept, however, also requires that a complex web of laws and governmental actions come together to assure the protection of the rule of law for all.
Elements that are necessary for rule of law are:
1.Laws must exist, and those laws should be obeyed by all, including government officials.
2.Laws must be published.
3.Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
4.Laws should be written with reasonable clarity to avoid unfair enforcement.
5.Law must avoid contradictions.
6.Law must not command the impossible.
7.Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.
8.Official action should be consistent with the declared rule.
Arbitrary law refers to "the rule of a person or a group of persons who arrogate to themselves and monopolize power in the state, exercising it without restraint... and which does not circumscribe either the scope or the duration of dictatorial power."
What is declared is considered to be the law. It does not have to be published or understood. There need be no consistency, but law can be declared for a specific purpose one day and ignored the next. Arbitrary law can be retrospective, or an individual can be declared guilty of an infraction that was legal at the time the individual committed the act.
The purpose of rule of law is to protect the people from the tyranny of government. The purpose of arbitrary law is to institute tyranny and require adherence to the arbitrary dictates of the state.
Our government, both the central government and the state governments, have instituted arbitrary law using the China Virus as their justification. We are also experiencing arbitrary law every time an executive order is declared. We are experiencing arbitrary law every time a court renders an opinion, and it becomes the law.
A free nation protecting the individual liberties and rights of each individual can only exist if it strictly adheres to rule of law.
A dictatorial government protecting the sovereignty of the state, can only exit if it adheres to arbitrary law.
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