Restoring the Rule of Law Upholding Civilization

The “Rule of Law” is essentially the policy of basic human fairness, by public declaration of laws which equally apply to both citizens and government authorities, which traces back to ancient Egypt.  Laws have been written, published, copied and distributed at least since the earliest use of papyrus scrolls ca. 3,035 BC [5], and legal decrees published by standing “Steles” of stone tablets in public places, literally “written in stone”, for all to see [6].

Even the Pharaohs could be deposed, exiled and erased from history if they violated their sacred obligations to fundamental law and rights [7].  This rule of customary law was later applied to depose European kings [8] [9].

The most ancient philosophers and scholars such as Aristotle (384-322 BC) wrote the fundamental principle that “law should govern”, and those in power should be “guardians” of law and “servants of the laws” [10].

The doctrines of the Rule of Law were first codified by the Magna Carta, the first charter in history to establish guarantees of specific rights and liberties against arbitrary authority.  This became the foundation for Bills of Rights worldwide, the principles of Constitutional law internationally, and the customs of democratic representation by Parliaments worldwide.  The Charter accomplished the medieval enactment of the Rule of Law, as a universal system of public law, capable of enforcement on behalf of individual liberties, thus forming the backbone for all modern civil rights and human rights. [11]

Magna Carta 1297 Copy in Australia Parliament House (Web)The framework of the Common Law system was developed through legal reforms by King Henry II (1133-1189) [12], and these core principles were enacted in 1215 as ‘Magna Carta Libertatum’, meaning the “Great Charter of Liberties”.  The Magna Carta was formally entered into the body of statutory law of England in 1225, as the fundamental principles of jurisprudence of the Common Law, and the cornerstone of national legal systems throughout Europe and most of the world [13].

The essential Magna Carta doctrine as the cornerstone of civilization, and the embodying phrase “Rule of Law”, was popularized in 1885 by the British constitutional jurist Professor Albert Venn Dicey (1835-1922), who defined it as: “no one is above the law, and all are subject to the same law administered in the same courts”. [14]

That 19th century British term “Rule of Law” was quickly enshrined in American and international law practice by Black’s Law Dictionary in 1891, defined as “The predominance, that is absolute, of an ordinary law over every citizen, regardless of that citizen’s power.” [15]

The core concept of “Rule of Law” is that public law – visible to and verifiable by all – must be the supreme authority, applying equally both to citizens as well as government officials.  This is the basic doctrine of jurisprudence that no person, institution, government nor country should ever be “above the law”, but must be subject to publicly disclosed legal codes that can be fairly applied to all. [16]

The most fundamental function of Justice, by an independent Judiciary, must be to apply the public law to the facts of a case, as governed by any private lawful contract, dealing with all facts as supported by available evidence.  Therefore, true Justice requires objective application of Law to facts, and requires respect for factual Truth.

Unfortunately, in the modern era, Justice is increasingly politicized, with too many Judges of the State serving as political appointees, tasked with private agendas applied by subjective and superficial conclusions, often disregarding facts and evidence.  In global affairs, long-established doctrines of conventional international law among nations are flouted by subjective misinterpretations based upon superficial excuses, backed by government pressuring and manipulation of mass media to “spin” or hide relevant facts and evidence.

As a result, the world community is increasingly losing the “Rule of Law”, and flagrant violations of civil rights, human rights and international law are putting government agencies (and even certain countries) “above the law”.  This dangerous trend presents a direct threat to the “Rule of Law” itself, a threat to international security and peace among nations, and a threat of the collapse of modern civilization as a whole.

It is the mandatory obligation of all Courts of international Justice, Arbitration Courts, governmental Courts of Law, Judges, law firms, and individual lawyers, to uphold the Rule of Law.  This is precisely the reason why Judges are universally protected by a measure of immunity (similar to diplomatic immunity), and lawyers are afforded protection of “privilege” to maintain client confidentiality, specifically to empower Judges and lawyers to stand up against corrupt government officials, and fight to ensure that no authorities are allowed to operate “above the law”.

Magna Carta Bar Chambers (MCBC), as a University Law Center of the independent Legal Profession, is dedicated to upholding the Rule of Law for its clients specifically, and thereby for the benefit of civilization generally.  Justice for one strengthens Justice for all.

For difficult cases challenged by unusual adversity, the Bar Chambers (MCBC) helps to balance the scales of Justice by leveraging the obligations of governmental authorities under the Rule of Law, to achieve enforcement of the rights of clients.  The effectiveness of this strategy is greatly enhanced by expert support and official backing from the Sovereign Court of International Justice (SCIJ) of supra-governmental universal jurisdiction operated by the independent Judiciary Profession.

Read more here:

Advertisements