Читать книгу American Democracy in Context - Joseph A. Pika - Страница 36

The rule of law, another basic American value, is the principle that laws, rather than the whims or personal interests of officials, should determine the government’s actions. The Preamble to the Constitution refers to the rule of law in the phrase “[to] establish Justice.” This principle deals not with what the government should do but rather with how the government should comport itself. According to the rule of law, government should be guided by basic principles and should follow fair procedures, as summarized in the statement, “Ours should be a government of laws, not of men.”¹⁷

The rule of law embodies the idea that everyone should be treated the same way; thus, it is related to the value of fairness. It goes beyond simple fairness, however, in that it also maintains that careful procedures should be set up to limit what the government can do. Remember that the government is the one entity in a country with the right to use force to implement its decisions; the rule of law limits government so that it cannot abuse its power by treating people unfairly. For example, consider the many protections—some of which are stated in the Bill of Rights—that are designed to preserve the rights of accused persons in U.S. criminal trials. These include the right against unreasonable searches for evidence; the assumption that a defendant is considered innocent until proven guilty; and the right to not be held in prison for more than a short time without being charged with a crime, known as habeas corpus.

The Bill of Rights was included in the Constitution in order to guarantee Americans the same rights that English citizens had traditionally enjoyed. Thus, the United States established traditions of the rule of law earlier than most countries. It was not until after World War II, for instance, that France instituted the right of habeas corpus or the presumption of innocence. In general, the United Kingdom and its former colonies such as the United States, Canada, Australia, and India established strong traditions of the rule of law earlier than continental European countries and their former colonies.