How is rule of law related to limited government

The Federalist 78 states further that, if any law passed by Congress conflicts with the Constitution, "the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. It only supposed that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former.

They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental. The American democratic system is not always based upon simple majority rule. The Magna Carta, drafted in the year , is one of the earliest pieces of evidence of a limited government. The document limited the reach of the English king's power by giving the country's nobility rights that they could exercise over the throne.

However, the document only protected a small part of what is today the United Kingdom. The United States Constitution, written in , extended the idea of a limited government by requiring the election of legislators by the people. It also segmented the federal government into three branches: legislative, judicial and executive. Both of these aspects effectively limit the power of the national government. In addition, the Bill of Rights — the first 10 amendments to the U.

Constitution, ratified in — enumerates certain prohibitions that apply to the government. These rights further limit the federal government by forbidding intervention on matters of individual choice such as speech or religion. One of the main elements of a limited government is federalism. In a federal system, specific powers are given to a centralized government, while others are given to local governments — a system that creates additional checks and balances. In the case of the United States, there is a central government in Washington, D.

Any powers not given to the federal government falls to the individual states. This allows each state to exercise local control while the federal government manages the country as a whole. Limited government favors few, if any, controls, not only on a nation's individuals but on its economy. In this context, the most extreme sort of limited government would be one that lets supply-and-demand forces — Smith's " Invisible Hand " theory — drive the economy; the government does not intervene to alter or influence economic cycles and business activity.

Proponents of this view believe limited government provides the greatest possibility for economic growth and the most equitable distribution of wealth. Historically, they argue, government-influenced markets tend to be expensive, exclusionary, monopolistic and poorly provisioned — interference with prices creates allocative inefficiencies.

By contrast, when government interaction in the marketplace is limited, the unfettered markets are relatively more competitive, more productive and more responsive to consumer needs. Critics of limited government argue that the government should control the economy to mitigate the harmful effects of economic ups and downs and that this type of control leads to less income inequality.

Limited government is also often seen as crucial to capitalism. While capitalism may tolerate government influence , it is almost always handicapped and made less productive by it, limited government proponents insist. The process of government action is diametrically opposed to the process of a free market economy : In a free market, businesses and individuals contract or transact on a voluntary basis, whereas a government program operates through sovereign decree — and compliance with its dicta is regulated through force.

In effect, some individuals government officials or those who influence them can introduce change to other individuals without bearing the full costs. How does limited government affect corporate citizenship — that is, the actions and business operations of corporations as they relate to social causes, environmental issues, political justice, and philanthropy? That depends on the nature of the limited government. It may lack antitrust laws that effectively prevent monopolies and cartels from destroying healthy competition within an industry.

Conversely, it may impose regulations that reduce the ability of firms to enter a market effectively or for shareholders to voice their opinions. It may offer tax or other financial tax incentives for corporations to invest in more responsible technologies or techniques.

One government may have a court system that protects local property rights and, by extension, the right of individuals or groups to sue a corporation for polluting a river or emitting too much soot. Another limited government does not provide clear property rights rules, enabling corporations to impose costs on third parties in socially destructive ways.

In a very general sense, smaller governments are less able to force corporations to act in ways that are generally considered ethical. By the same token, smaller governments have less power to encourage corruption. When a government controls or strongly influences business practices, corporations have far more incentive to try to buy that government influence. The role of the courts is to apply the rule of law in a fair and impartial manner by interpreting the Constitution and the laws of the United States.

According to the World Justice Project, the four underlying principles guiding the rule of law are:. The courts play an essential role in maintaining the rule of law, particularly when they hear the grievances voiced by minority groups or by those who may hold minority opinions.

Equality before the law is such an essential part of the American system of government that, when a majority, whether acting intentionally or unintentionally, infringes upon the rights of a minority, the Court may see fit to hear both sides of the controversy in court.

Liberties or Rights? Right v. Right Figure 2. The right to participate in public institutions is a key component of civil rights. The Bill of Rights and the Fourteenth Amendment The overwhelming majority of court decisions that define American civil liberties are based on the Bill of Rights, the first ten amendments added to the Constitution in The Rule of Law The Rule of Law is the democratic ideal where no individual or institution is above the law.

According to the World Justice Project, the four underlying principles guiding the rule of law are: The government and its officials and agents, as well as individuals and private entities, are accountable under the law.

The laws are clear, publicized, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.

Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve. Figure 2. What is a liberty? Give an example. What is a right? In this case, there is an authentic constitutional democracy. When rule of law does not prevail, there is some form of despotism in which power is wielded arbitrarily by a single person or party.

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