What is the Rule of Law and why is it important?
The whole world has watched the United States election and its aftermath. We watched live as an angry mob entered the US Capitol and ransacked it.
The ensuing media coverage has repeatedly mentioned the importance of the “Rule of Law” and how the US Capitol attack was an “assault on the Rule of Law”.
However, what is the “Rule of Law” and is it even important? Was the media simply creating their own hysteria to keep us in fear and drive up their ratings and advertising dollars?
As a lawyer, I do not believe so. If anything, I believe the risks were downplayed.
The Rule of Law is part of a fair and just society in the same way light is part of making a healthy plant grow
A society that adheres to the Rule of Law ensures that all persons and organisations are equal before the law. In family law separations, the parties may not be equal at all. One party may have become disempowered as a result of being bullied or intimidated by the other. One party may control the finances. One party may control the hearts and minds of the children.
Another element of the Rule of Law is having a legal system which is independent and resolves disputes in a fair manner. That is, the umpires of a dispute are not biased and do not start with a preference for one party over the other. The law is applied equally despite of differences in wealth, gender, race, age etc.
The importance of having a dispute determined by an independent umpire cannot be overstated. Imagine if the Collingwood cheer squad umpired a grand final in which Collingwood played. It is not hard to predict which team would win.
What would happen without the Rule of Law?
Without doubt, it would lead to greater injustice, oppression, and suffering.
In family law, one party could retain all assets and force the other into poverty. A parent could alienate the children against the other, thereby destroying a previously close relationship.
All legal challenges against the US election outcome were brought before their Courts but failed after being considered by independent umpires sworn to uphold the Rule of Law.
The mob that entered the US Capitol rejected the Rule of Law and appointed themselves as judge, jury and executioner of the US election. If they had been successful in their stated aim of stopping the certification of a lawfully elected president, a dangerous precedent would have been set.
The US Capitol riots were an assault on the Rule of Law.
A society without the rule of law is not the society we would want to live in.
By Simon Varszeghy
