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democracy in its form but without substance. And democracy like
that hardly could be called ‘democracy.’ Without these two
elements, it’s not only democracy that hardly exists but also peace
in the society would also be hard to find.
So, how or what can ensure that democracy will be
established, not only in form but also with substances? What
really makes democracy truly ruled by majority? What can make
sure that under the safe democratic regime, voice of people will be
heard, needs of people fulfilled, and lives of people protected?
I believe, the answer to those questions, ladies and
gentlemen, is the principle of the rule of law.
The rule of law has a vast definition, as Prof. Harding
mentioned, ranging from the thin definition to the thick
definition. The thin definition refers to the former rule of law
where a list of specific criteria of the law or the legal system is set
out and determined whether the rule of law is present. Common
criteria include a formerly independent and impartial judiciary,
law set up public, the absence of law that applies to only particular
individuals or classes, the absence of interactive law and provision
for judicial review of government actions.
On the other hand, the thick definition of substantive rule of
law looks further to substantive outcome such as justice or
fairness. Moreover, often addressed, the rule of law and
democracy nexus fundamental distinction has to be drawn, as
mentioned earlier also, between rule by law and the rule of law.
Rule by law is when law is an instrument of the government
and government is considered above the law. While the rule of
law implies that everyone in the society, including the government
is bound by the law, essentially, constitution limit on power, a key
feature of democracy requires adherence to the rule of law.
The meaning of the rule of law also differs f rom
international institutions led by the UN to the World Justice
Projects’ various domestic understandings. After the adoption of
the Sustainable Development Goal or SDG, where in goal 16
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