Page 86 - Freedom in the world_Neat

The rule of law requires that laws be adopted in accordance with established procedures,
that they be made known to the public, and that they be enforced consistently and even-
handedly. The rule of law is intended to ensure that a government exercises its authority
fairly, and it is crucial to securing liberty and justice for the people of any nation.

No country is perfect in this respect, but overall and as compared to other countries, the
United States conforms to the rule of law. In America, those accused of breaking the law
have the right to fair, speedy trials, and convicted criminals are protected by rules
intended to ensure that they are treated humanely. Civil courts exist to remedy breaches of
administrative and civil law and to enforce private contracts, and courts are generally
considered fair and impartial (judges tend to fare better in public opinion polls than do
members of Congress). Both the federal and state constitutions protect property rights.
Federal law protects women, racial and ethnic minorities, and other historically oppressed
groups from governmental discrimination and in some cases from discrimination by private
actors as well.

U.S. law is derived from four sources: the Constitution, statutes passed by legislative
bodies, administrative decisions by executive agencies, and common law based on the
English legal tradition. The United States also divides the responsibility for enforcing the
law among the federal, state, and local governments.

The U.S. Constitution is the “supreme law of the land” and establishes the authority of the
federal Congress and the president to make laws and treaties. Federal and state judges
are bound by the Constitution, and no state law may be passed in contravention of federal
law or the federal Constitution.

The U.S. Congress has the power to pass laws for certain constitutionally limited purposes,
such as regulating interstate commerce and protecting the rights of citizens from state
power. Additionally, Congress may authorize the creation of executive branch agencies,
which establish legally enforceable regulations and administrative rules. Federal laws and
rules are published in the United States Code and the Code of Federal Regulations.

The rule of law must be evaluated in two distinct realms: criminal and civil.

American criminal law defines acts that are deemed to threaten the safety and security of
society and punishes those who commit them. Murder, rape, and robbery are covered by
criminal law because they are considered threats to the entire society, not merely to the
individual victims, and they are among the most serious of crimes. Offenses such as
reckless driving and selling marijuana are also believed to threaten society as a whole, and
are categorized as criminal.

Civil law is used to settle disputes arising either among individuals or between individuals
and governments. Civil law also governs the political process by which lawmakers are
chosen and laws are made.

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