Selasa, 03 November 2009

RULE OF LAW ACCORDING TO THE AMERICAN CONCEPTION GENERAL REMARKS


Unlike typical European constitution, the basic charter of the United States says nothing about a commitment to the rule of law. The closest constitutional analogue is the phrase prohibiting the deprivation of 'life, liberty, or property without due process of law'. This concept of due process has become, in American law, the most vigilant guarantor of the set of procedural rights and remedies that are available to individual citizens, which we usually mean when we refer to the rule of law.

The (sometimes forced) imposition of the American model of the rule of law all over the world should not make us blind for reality. In the United States itself there is a debate going on about the nature, merits and limitations of this spicimen of the rule of law, which discussion is often glossed over in the universal propaganda.