Bufford Defining the Rule of Law

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The rule of law further requires that no public official be above the law or exempt from its requirements. While public officials enjoy a measure of immunity while working in their official capacities, the rule of law requires that they nonetheless be subject to the same laws as every other individual outside the sphere of their official duties. The rule of law also requires that the legal system give the impression or appearance to the public that it is doing justice. To accomplish this, those who administer justice must reflect the faces of the community. This means that judges, lawyers, and government officials must be men and women; they must reflect the diversity of their communities; and they must share the ethnic and religious backgrounds of those who use the judicial system. The rule of law is undermined if these individuals have different religious beliefs, different ethnic backgrounds, and different colors of skin from those subject to the laws. The diversity in the legal profession should mirror that of the society in which it operates. 75 2. Judicial Ethics The rule of law requires that judges adhere to a higher standard of conduct than other professions. Men and women who sit as judges must be exemplars of virtue and compliance with the law. 76 To ensure impartiality and fairness, the rules of judicial conduct must prohibit judges from hearing cases in which they have a conflict of interest. 77 It goes without saying that the rule of law cannot survive in the face of judicial or governmental corruption. Unfortunately, corruption is rampant among officials in many 75 E.g., Joy Milligan, Pluralism in America: Why Judicial Diversity Improves Legal Decisions About Political Morality, 81 N.Y.U. L. REV. 1206 (2006) (arguing that racial diversity in the judiciary improves legal decisions). 76 See Rome Statute, supra note 66, art. 36(8). 77 See, e.g., id. art. 3(a). 18
countries. Where a judicial decision is for sale, justice cannot be provided. Furthermore, a country that tolerates judicial bribery will typically not thrive economically, because bribery bleeds assets from the economy, and both domestic and foreign investors may refuse to make investments in the country. 80 3. Enforcement of Judgments One of the most important shortcomings in the laws of developing countries is the lack of effective procedures to enforce judicial orders. 78 The lack of effective enforcement procedures leads to a general disrespect for the laws and legal institutions, including courts and judges. It is vitally important that legal judgments be enforceable, and that those who lose in the courts be required to comply with court orders. V. Conclusion As stated at the outset of this article, the rule of law serves as the bedrock for building a structure of ordered liberty and progress in civil society. In this context, the rule of law provides a structure for the realization and protection of human rights and other civil, political, economic and social rights; it provides a structure for sound economic development; it provides for the fair and equal treatment of everyone under the law and the protection of procedural rights in both criminal and civil law contexts; and it ensures that institutions in the various branches of government will carry out their legislative, executive, or judicial functions effectively. The rule of law does not create a civil society. However, it provides a structure for the realization of a civil society where human efforts can bear fruit, where individuals can 80 See Tatyana Khavanska, Corruption and the Ukrainian Economy, COMMERCE MAGAZINE, March 2007, at 14 (“Corruption distorts economic decision-making and deters investment, undermines competitiveness and,ultimately weakens economic growth.”). 78 See Fundamental Freedoms, supra note 12, art. 46. 19
Page 1 and 2: I. Introduction Defining the Rule o
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Page 7 and 8: The rule of law also provides that
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Page 15 and 16: enforcing legitimate expectations.
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Bufford Defining the Rule of Law

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