The rule of law: Justice, Rights, and Citizen Security during Democratization



The rule of law: Justice, Rights, and Citizen Security during Democratization

The rule of law refers to the impact and control a particular law and the entire system have on the society in which they exist. This also includes the behavior of the law-abiding citizens, the behavior of those that do not follow it, and the behavior exhibited by the state officials.

Democratization refers to the shift or progress made towards making a state (further, in case it already is) democratic political government. The transition might be from an authoritarian system to comprehensive democracy, from authoritarian-political regime to a lower level of democracy, or from a semi-authoritarian political regime to a political system that is democratic. Democratization may be explained by various different patterns, and it is affected by various external factors, such as civilization of society, historic basis, and development of the economy.

The aim of this essay is to compare these two concepts and to provide existing views from different authors on the debate whether the rule of law goes against the process of democratization.

In the article “Democratization and Transitional Justice”, the author Mark Arenhovel states that ethical, political, and judicial problems are always faced by countries that seek to establish a system of accountability for the wrongdoings regarding human rights that had been happening in its past. While referring to politics, each individual situation has to be carefully scrutinized in order to find out which transitional justice method would be functional, feasible, and more importantly, appropriate. The application of judicial standards and justification of prosecution needs to be decided by the judicial approach. It is also pertinent to understand and conceive that dealing with injustices in the past would naturally bring up ethical dilemmas. Guilt and justice are over-rated concepts, all the more with the ever-increasing complexity of the human psyche. In most modern cases, it is difficult to tell the criminal from the victim. Arenhovel's study made an examination of the various strategies included in the provision of transitional justice by emerging democratic governments in order to deal with the historic injustice concerning human rights cases. The troubles and difficulties arising from social recombination and the various mechanisms of settlement are explored in the study. The current analyses of the role of different transitional justice methods for processing social recombination emphasize the significance of harmony amongst citizens and society. This would enable unity and trust to emerge. A suggestion has been made in this study regarding the concept of reconciling and building social capital by resolving conflicts. It also argues that transitional justice can not be substituted by international justice, all the more since the diffusion of legal practices on the international forefront has been taken into account (Arenhovel, 2008).

In his article, “Why the Rule of Law Matters”, O' Donnell explains the significance of the rule of law. According to him, the rule of law, along with many others, forms the important foundation required for the formation of a ...