Bufford Defining the Rule of Law

activities. These institutions must include governmental structures, laws, judicial systems,
and administrative systems.
One of the most important prerequisites for the rule of law is that a country must
have an effective functioning government. In some countries the political order has
broken down, and there is no central governmental power. In other countries, there are
regions where the power of the state is not effective. In these places, there is no rule of
law.
A. Self-Government
The rule of law also has important implications for political rights. It provides that
individuals must have a right to participate in national government, either directly or
through freely chosen representatives, 61 and that everyone must have a right of equal
access to the government and to public service. 62 Government must be based on the will
of the people, expressed through periodic elections by secret voting procedures featuring
equal and universal suffrage. 63 The rule of law requires that persons have a right to vote
in elections and that each person’s vote be counted equally.
B. Laws
Of course, the rule of law requires that a legal system must have laws as well as a
constitution or basic law to serve as the legal framework for all other laws. It may also
include such elements as a civil code, a commercial code, and rules of court. In addition,
a system must have positive laws to protect legal rights and to provide procedures for
61 See Universal Declaration, supra note 9; see Civil and Political Rights, supra note 11, art. 25;
see American Declaration, supra note 14, art. XX; see also American Convention, supra art. 23.
62 See Universal Declaration, supra note 9, art. 21(2); see Civil and Political Rights, supra note
11, art. 25; see American Declaration, supra note 14, art. XX; see American Convention, supra
note 15, art. 23.
63 See Universal Declaration, supra note 9, art. 21(3); see Civil and Political Rights, supra note 11,
art. 25; see Protocol to the Convention, supra note 44, art. 3; see also American Declaration,
supra note 14, art. XX; see American Convention, supra note 15, art. 23.
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