Bufford Defining the Rule of Law

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4. Diverse, competent and independent lawyers and judges. 5 While these short definitions are useful and capture some of the essence of the concept of the rule of law, there is much more that needs to be articulated. B. The Role of Lawyers Although judges play a critical role in the effective functioning of a legal system, lawyers, more than anyone else, are the guardians of the rule of law. Indeed, lawyers ensure that laws are properly respected and fairly applied. 6 It is also lawyers who present cases in court, who provide the evidence needed for a court to decide a dispute, and who educate judges on the relevant law for deciding a case. It is lawyers who help clients structure transactions within the bounds of the law to achieve the desired results for their clients. II. Human Rights One central tenet of the rule of law is that every society must protect human rights and provide fundamental freedoms for its members (and for its visitors and guests). Internationally recognized human rights generally fall into two categories: civil and political rights, and economic and social rights. A. Civil and Political Rights The General Assembly of the United Nations adopted and proclaimed the Universal Declaration of Human Rights (hereinafter the Universal Declaration) on December 10, 5 ABA Rule of Law Definition. (incomplete citation- date? Was this from an ABA report?) 6 See Council of Bars and Law Societies of Europe [CCBE], Code of Conduct for Lawyers in the European Union, at 5 (Oct. 28, 1988), http://www.ccbe.org/doc/En/code2002_en.pdf; cf. CCBE, Resolution on Human Rights and the Rule of Law, (Nov. 27, 2004), http://www.ccbe.org/doc/En/ccbe_resolution_human_rights_en.pdf (resolving the importance of lawyers in a society based on democracy and the rule of law); cf. Basic Principles on the Role of Lawyers, 13-14, U.N. Doc. ST/HR/ (Sept. 7, 1990) (describing the role and duties of lawyers in their effort to uphold human rights and freedoms), available at http://www.hri.ca/uninfo/treaties/44.shtml. 4
1948. 7 In this Declaration, the United Nations stated that, “recognition of the inherent dignity and equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world . . . .” 8 The United Nations has also sponsored the International Covenant on Civil and Political Rights, 9 which together with the Universal Declaration has inspired a substantial number of additional regional declarations of human rights, including covenants addressing particular human rights in greater detail. While many of the rights declared in these documents are aspirational, most are considered core rights that must be protected by the legal system of any well-ordered society. 10 These rights include: the recognition that all human beings are born free and equal in dignity and rights; 11 that everyone has the right to life, liberty, and security of person; 12 that nobody should be held in involuntary servitude, and that slavery and the slave trade should be abolished; 13 that no person should be subjected to torture or to 7 Universal Declaration of Human Rights, G.A. Res. 217A, at 71, U.N. GAOR, 3d Sess., 1 st plen. mtg., U.N. Doc A/810 (Dec. 12, 1948) [hereinafter Universal Declaration]. 8 Id. at pmbl. 9 International Covenant on Civil and Political Rights, G.A. Res. 2200A, U.N. GAOR, U.N. Doc. A/6316 (1966), 999 U.N.T.S. 171 (Dec. 16, 1966) [hereinafter Civil and Political Rights]. 10 See Universal Declaration, supra note 9 (“human rights should be protected by the Rule of Law”); Charter of Fundamental Rights of the European Union, pmbl., 200 J.O. (C 364) [hereinafter Fundamental Rights of the EU]; Convention for the Protection of Human Rights and Fundamental Freedoms, pmbl., E.T.S. 005, 213 U.N.T.S. 222 (Nov. 4, 1950) [hereinafter Fundamental Freedoms]. 11 See Universal Declaration, supra note 9, art. 1 12 See id. art. 3; Fundamental Freedoms, supra note 12, at art. 5; Civil and Political Rights, supra note 11, art. 9; See Fundamental Rights of the EU, supra note 12, art. 6; League of Arab States, Arab Charter on Human Rights, art. 5, reprinted in 18 HUM. RTS. L.J. 151 (1997) [hereinafter Arab Charter]; Organization of American States, American Declaration of the Rights and Duties of Man, art. 1, May 2, 1948, O.A.S. Res. XXX [hereinafter American Declaration]. 13 See Universal Declaration, supra note 9, art. 4; Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery, April 30, 1956, 226 U.N.T.S. 3; Civil and Political Rights, supra note 11, art. 8; Fundamental Freedoms, supra note 12, art. 4; Fundamental Rights of the EU, supra note 12, art. 5; Organization of American States, American Convention on Human Rights, art. 6, Nov. 22, 1969, O.A.S.T.S. 36, 1144 U.N.T.S. 123 [hereinafter American Convention]; African Union, African (Banjul) Charter on Human and 5
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Page 3: Kennedy stated, in his 2006 address
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Page 9 and 10: aspirational, rather than mandatory
Page 11 and 12: To protect the substantive requirem
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Page 19 and 20: countries. Where a judicial decisio

Bufford Defining the Rule of Law

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