Question

Please provide and discuss one example of a recent event or incident that supports the idea that our legal and political system is akin to a "rule of law" system. In addition, discuss and provide at least one example of a recent event or incident that makes you think our legal or political system may be closer to a "rule by law" system.

Answer 1

Rule of law states that no person or government is above the law.

I am taking the case of Saudi Arabia where women are prohibited to drive the car. I would say here that, we are living in a fast driven world where women are growing more faster than men but this law in Saudi Arabia stops women from driving cars which according to me is not right. I would say this law passed there is above the government and people there.

Taking the case when the political system is closer to rule of law, i would pick the case of Sabarimala Temple In India where women are prohibited as they are considered impure due to menstural cycles they have. Women across the country fighting for them to enter that temple where no one were allowed. Upto this year this as rule of law where this law is above the government but in this year there is case filed in Supreme Court to give entries to women and women even tried to enter forcibly in temple which breaks the pure rule of law but it is still closer to it.

Answer 2

Example of "Rule of Law" System: One recent event that supports the idea of our legal and political system being akin to a "rule of law" system is the 2020 United States presidential election. Despite intense political polarization and public scrutiny, the election process followed established legal procedures and rules. There were numerous legal challenges and recounts in various states, but the courts played a critical role in ensuring that the rule of law was upheld. Judges, both at the state and federal levels, carefully reviewed the evidence and legal arguments presented, and their decisions were based on the interpretation of the law. In the end, the electoral process and the rule of law prevailed, leading to a peaceful transfer of power in line with constitutional principles.

Example of "Rule by Law" System: One example of a recent event that may suggest our legal or political system is closer to a "rule by law" system is the use of emergency powers during the COVID-19 pandemic in some countries. In response to the health crisis, some governments invoked emergency laws and executive orders to impose restrictions on civil liberties, movement, and other activities. While such measures may be necessary in extraordinary situations, there were instances where the scope and duration of these emergency powers raised concerns about potential abuse. In some cases, there was limited parliamentary or judicial oversight, and decisions were made unilaterally by executive authorities. This situation can raise questions about whether the rule of law is adequately safeguarded when extraordinary powers are exercised without robust checks and balances.

In summary, the "rule of law" system ensures that laws are applied equally to all citizens and that decisions are made based on established legal principles and processes. The 2020 U.S. presidential election is an example of how the rule of law prevailed in a highly contentious political environment. On the other hand, the use of emergency powers during the COVID-19 pandemic in some countries may raise concerns about a potential shift towards a "rule by law" system, where executive authorities wield significant power without sufficient checks and balances. It is essential to continually monitor and safeguard the principles of the rule of law to maintain the integrity of our legal and political systems.