Rule of Law and Separation of Powers Cornerstones of the Legal Community
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1 Rule of Law and Separation of Powers Cornerstones of the Legal Community
2 THE RULE OF LAW Ian McDougall EVP & General Counsel LexisNexis Legal & Professional NATIONAL CONFERENCE OF BAR PRESIDENTS WEBINAR APRIL 17, 2018
3 TOPICS ORIGINS OF THE RULE OF LAW RULE OF LAW DEFINITION WHY THE RULE OF LAW IS IMPORTANT RULE OF LAW SEPARATION OF POWERS 3
4 IDEAS OF JUSTICE & ORIGINS OF RULE OF LAW
5 VARIOUS IDEAS OF JUSTICE Thomas Hobbs John Stuart Mill John Rawls Robert Nozic Leviathan The State of Nature 1651 On Liberty Utilitarianism 1859 A Theory of Justice Social Contract/Distributive Justice Anarchy, State & Utopia Social Contract/Libertarianism
6 ORIGINS OF THE RULE OF LAW c.1760 BC c.500 BC c.380 BC c.800 BC Hammurabi Code Confucianism Plato The Republic The Crito The Laws Upanishad 6
7 ORIGINS OF THE RULE OF LAW c Emperor Justinian Corpus Juris Civilis c.1215 Magna Carta 7
8 ORIGINS OF THE RULE OF LAW Professor A.V. Dicey 8
9 RULE OF LAW DEFINITION
10 UNITED NATIONS: RULE OF LAW DEFINITION The rule of law is 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, and which are consistent with international human rights norms and standards. 10
11 LEXISNEXIS: DEFINITION OF THE RULE OF LAW Equality Under Transparency + + the Law of Law Independent Judiciary + Accessible Legal Remedy = The Rule of Law 11
12 HOW THE RULE OF LAW IS MEASURED & WHY IT S IMPORTANT
13 ECONOMIC IMPACT Rule of Law All principles are present Rule by Law Laws exist but one or more of the principles are absent 13
14 WORLD JUSTICE PROJECT RULE OF LAW INDEX DOCUMENTS ADHERENCE TO THE RULE OF LAW: 44 INDICATORS 8 CATEGORIES 100,000 CITIZEN & EXPERT INTERVIEWS 14
15 WORLD JUSTICE PROJECT RULE OF LAW INDEX Denmark Venezuela 15
16 WORLD JUSTICE PROJECT: RULE OF LAW COUNTRY RANKINGS 16
17 WORLD JUSTICE PROJECT: RULE OF LAW INDEX
18 GDP PER CAPITA AND RULE OF LAW Stronger rule of law normally means higher GDP per capita. 18
19 CHILD MORTALITY AND THE RULE OF LAW For child mortality, higher rule of law scores relate to fewer deaths. 19
20 HOMICIDE AND THE RULE OF LAW Homicide rates generally fall as rule of law increases. 20
21 CORRUPTION AND THE RULE OF LAW Corruption drops as the rule of law strengthens. 21
22 HIGHER LIFE EXPECTANCY AND THE RULE OF LAW Higher rule of law, means higher life expectancy. 22
23 RULE OF LAW & SEPARATION OF POWERS
24 RULE OF LAW & SEPARATION OF POWERS the powers of government must be defined and distributed enumerated, separated and divided. * * Liberty, Order, and Justice: An Introduction to the Constitutional Principles of American Government (3rd ed.) (Indianapolis: Liberty Fund, 2000), Part 4. Basic Constitutional Concepts: Federalism, Separation of Powers, and the Rule of Law, section C The Rule of Law and The Basic Principles of the American Constitution, pp
25 RULE OF LAW & SEPARATION OF POWERS In England, amidst the clash of arms, the laws are not silent. They may be changed, but they speak the same language in war as in peace. It has always been one of the pillars of freedom, one of the principles of liberty for which on recent authority we are now fighting, that the judges are no respecters of persons, and stand between the subject and any attempted encroachments on his liberty by the executive, alert to see that any coercive action is justified in law.[...] - Lord James Richard Atkin, dissenting opinion in Liversidge v. Anderson 25
26 SUMMARY & CONCLUSION The Rule of Law Long and International History A Transferrable Concept Definition of the Rule of Law Discussion point Human Rights/Democracy & Rule of Law Rule of Law -v- Rule by Law Rule of Law is the foundation of everything needed for development 26
27 THANK YOU Copyright LexisNexis All rights are reserved. This may be copied/reprinted only with permission of LexisNexis
28 Rule of Law and Separation of Powers: Cornerstones of the Legal Community April 17, 2018
29 Goals for Law Day & Rule of Law Webinar Today, e strive to he p you: U dersta d La Day a d its history. Discuss separatio of po ers i a o -partisa ma er. Obtai resources for your bar associatio s a d orga izatio s. P a effective, impactfu, a d e gagi g programs i your commu ity.
30 What is Law Day and how can it be a beneficial tool for your bar association or organization to connect with the community?
31 Law Day Defined La Day, he d a ua y o May 1, is a atio a day set aside to ce ebrate the ru e of a. La Day u derscores ho a a d the ega process co tribute to the freedoms that a America s share. La Day a so provides a opportu ity to recog ize the ro e of courts i democracy a d the importa ce of jury service to mai tai i g the i tegrity of the courts.
32 Law Day History At-a-Glance 1957: America Bar Associatio (ABA) Preside t Char es S. Rhy e e visio ed a specia day for ce ebrati g our ega system. Char es Rhy e as the you gest e ected preside t of the America Bar Associatio (ABA). 1958: Preside t D ight D. Eise ho er estab ished La Day as a day of atio a dedicatio to the pri cip es of gover me t u der a. 1961: Co gress desig ated May 1 as the officia date for ce ebrati g La Day. This program co ti ues today a d has gro to ma y cou tries arou d the g obe.
33 Law Day Celebrations La Day programs are desig ed to he p peop e better u dersta d ho a protects iberty a d ho the ega system strives to achieve justice. When is Law Day celebrated? May 1 is the officia date, but ma y ce ebratio s take p ace either before or after that date. Some orga izatio s ce ebrate a La Week or La Mo th. How is Law Day celebrated? Thousa ds of La Day programs are co ducted each year for youth a d adu ts across the cou try. Commemorating Law Day I additio, every year si ce 1958, the preside t of the U ited States has issued a La Day proc amatio recog izi g the importa ce of the ru e of a.
34 Law Day Resources The La Day ebsite is It provides a si g e ocatio for too s to p a programs a d activities. P a i g Guide Dia ogue/co versatio Starters o Separatio of Po ers Ref ectio s from Promi e t Figures i La a d Gover me t Samp e Proc amatio, Letter to the Editor, a d Press Re ease
35 Law Day Resources Art ork Eve ts Ca e dar Promotio a Products 2017 La Day A ard Wi ers 2018 La Day A ard Criteria
36 Planning a Law Day Program La Day P a i g Guide has he pfu too s such as: Programming Ideas Legal Community Law Students College and University Students Grades K 12 General Public Tips for Publicizing Your Event Event Promotion Checklist Suggested Resources Nonfiction Books Documentaries Multimedia Teaching Resources
37 Separation of Powers Nonpartisan Discussion The U ited States Co stitutio sets out a system of atio a gover me t ith three bra ches egis ative (Co gress), executive (Preside t), a d judicia (Supreme Court). The Co stitutio vests importa t fu ctio s i each bra ch, mea i g it gives them separate, disti ct po ers. This separatio of po ers a d the pri cip e of checks a d ba a ces aim to preve t a y bra ch from getti g too po erfu a d becomi g oppressive. Separation of powers one page overview.
38 Separation of Powers Nonpartisan Discussion Focus o the fu dame ta s a d ot the partisa, emotio a y charged aspect of checks a d ba a ces. Conversation starters and talking points on separation of powers.
39 Law Day Contact Information Hopefu y the puzz e has come together a d he ped give you ideas to rei ve t or au ch La Day programs i your area. Resources a d I formatio : Co tact Perso : Chandra Fitzpatrick Senior Outreach Manager ABA, Division for Public Education chandra.fitzpatrick@americanbar.org
40 Thank you and happy planning!
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