ABSTRACT

The notion of the rule of law is crucial to the political and legal order of a liberal democracy. Given the importance of individuals' rights and liberties in a liberal democracy, in conjunction with the meaningful degree to which citizens may participate in the political process the legitimacy of the political/legal order depends on citizens respecting the rule of law in the sense of endorsing its fundamental principles and norms. In a liberal democracy the rule of law is not to be understood as whatever form of rule-governed coercively backed authority the state can exercise. That the institutions and proceedings constituting legality are recognized as legitimate is an important feature of a liberal democracy. At the same time it is possible for there to be widely shared concerns about the practices of law enforcement. There can be various objections to practices and features of policy and procedure even if those are not part of a fundamental rejection of the political/legal order. That is to say, the values and principles shaping the rule of law might be regarded as worthy of people's respect and endorsement while there are serious doubts about whether those values and principles are realized effectively. Of course, it is also possible for concerns about the practice of law enforcement to run sufficiently deep to motivate skepticism regarding the legitimacy of the rule of law. Concerns of that kind can be critically important to a society's view of criminal justice. Before going directly into discussion of the rule of law we should make some general remarks about reasons for action and the basic norms of a political order.