Bufford Defining the Rule of Law

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