The concept of rule by law represents a distinctive approach to the application of legal structures. Unlike the more widely celebrated rule of law, rule by law denotes a system in which legal frameworks exist but are employed as instruments of control by the ruling authority.
Selective application of laws: At the heart of rule by law lies the selective application of legal statutes. In such systems, laws are not impartially enforced across the board; instead, they are wielded as tools to advance the interests of those in power. Authorities may choose to apply laws rigorously against dissenting voices or perceived threats, while turning a blind eye to transgressions committed by loyalists or political allies.
Lack of legal safeguards: One hallmark of rule by law is the absence of robust legal safeguards. Fair and independent legal processes, which are integral to the rule of law, are often compromised in a rule by law system. Individuals may find themselves facing arbitrary arrests, detentions, or legal actions without the due process protections that form the bedrock of a just legal system. The lack of judicial independence and the erosion of checks and balances contribute to an environment where the law becomes a tool of coercion.
Instrument of control: In contrast to the rule of law, where the legal system serves to uphold justice and protect individual rights, rule by law transforms the legal framework into an instrument of control. Laws are strategically utilised to suppress dissent, stifle opposition, and maintain the status quo. Legal mechanisms become a means for the ruling authority to consolidate power, quell opposition, and perpetuate its dominance.
Manipulation of legal systems: Rule by law often involves the manipulation of legal systems to legitimise actions that would otherwise be deemed oppressive or unjust. Legal provisions may be amended or interpreted in a manner that serves the interests of the ruling elite, allowing them to maintain control without overtly violating the letter of the law.
Understanding the concept of rule by law is crucial for grasping the dynamics of authoritarian governance. In systems governed by rule by law, legal structures exist not to protect the rights of individuals and promote justice but rather to serve as tools of control for those in power. Recognising and critiquing these dynamics is essential for fostering a broader understanding of governance models worldwide and advocating for the principles of the rule of law that prioritise fairness, transparency, and the protection of individual rights.
