Myth: If any law hurts the people it should simply be ignored by the government.
Truth: The Rule of Law requires government to be consistent and fair.
Official action should be consistent with the declared rule. Laws should be written with reasonable clarity to avoid unfair enforcement. In his book The Morality of Law, American legal scholar Lon Fuller identified eight elements of law which have been recognized as necessary for a society aspiring to institute the rule of law. Fuller stated the following:
- Laws must exist and those laws should be obeyed by all, including government officials.
- Laws must be published.
- Laws must be prospective in nature so that the effect of the law may only take place after the law has been passed. For example, the court cannot convict a person of a crime committed before a criminal statute prohibiting the conduct was passed.
- Laws should be written with reasonable clarity to avoid unfair enforcement.
- Law must avoid contradictions.
- Law must not command the impossible.
- Law must stay constant through time to allow the formalization of rules; however, law also must allow for timely revision when the underlying social and political circumstances have changed.
- Official action should be consistent with the declared rule.
