Liberal Idea of the Rule of Law



Liberal Idea of the Rule of Law

Introduction

The liberal and modern structure of law as arranged by European region and USA is represented by rule of law. The main crux of liberal justice ideology is based on the philosophy of liberalism, which favors equality and freedom. It focuses on resolving conflict situation amongst individuals, protecting individuals, and punishing ones that deserve it only. This structure is based on procedures rather than strict legislations (Cooray, M. D., n.d.). The rule of law is based on the crucial aspects of liberal idealism that focuses on liberty and protection for individuals in civilized societies. It is aimed at creating a transparent system of justice and law. The liberal view with respect to rule of law also has a negative effect on economy and democracy because the core ideals of liberalism believe in formation of new, free, equal and advanced structure based on the sacrifice of masses. It is also evident that even after complete application of rule of law, markets and property rights could not be free from intervention from government or political agendas (Tamanaha, Z. B., 2004). Therefore, it can be said that the rule of law with respect to liberalism has both positive and negative effects on individuals and justice system as a whole.

Discussion

The rule of law supported by liberal democracy understands the individuality and freedom of a person and provides required protection in this regard. The Democracy itself highlights the rule applicable in case of majority only, where minority is neglected. On the other hand by combining this fundamental aspect with liberalism, the needs and protection of minorities are also taken into account by jurisdiction and authorities. This process takes place in a legal way. The liberal system that establishes rule of law values ...