The Rule of Law: A Key Legal Principle…With No Clear Definition?
The rule of law is described by the United Nations as “fundamental to international peace and security…and to protect people’s rights and fundamental freedoms.” It is also described by the European Commission as “one of the EU’s fundamental values.” These evaluations are just that, evaluations. So, why is there no definition for something that is so clearly of value to us all? Well it is much more than what any linear definition can contain.
What does the rule of law look like?
Like other key elements of our lives and societies – roads, food, language – the ‘rule of law’ looks different across countries. Let’s look at a few examples:
Bulgaria
Recently, Bulgaria has engaged in reform efforts in line with the European Commission’s rule of law cycle. However, the country’s movements towards improving the rule of law have proved largely futile. The 2025 Rule of Law Report talks about how the country’s constitutional Constitutional Court ruled that certain elements of a series of constitutional amendments in the country had been adopted by a body without the appropriate power to do so, declaring the reforms unconstitutional. Among these dismissed reforms were certain limits on the power of the Prosecutor General. With the dismissal of these reforms, the rule of law was severely weakened by the compromising of judicial independence, the allowing for concentration of power, and tarnishing the idea that “all are equal before the law.”
Bulgaria’s case shows how legal procedure alone cannot guarantee justice if structural imbalances of power remain unaddressed.
Australia
Australia’s Attorney-General’s Department views the rule of law as something which “underpins the way Australian society is governed.” Australia’s methods of enforcing it include making laws “clear, predictable and accessible”, making laws a public matter thus allowing “the community to participate in the law-making process.” Furthermore, in order to ensure judicial independence, “laws are publicly adjudicated in courts that are independent from the executive arm of government.” Notably, the country also engages in ensuring the rule of law internationally, with the Office of International Law (OIL) providing international law advice to the government.
Australia’s approach illustrates how transparency, public participation, and independent courts can work together to strengthen the rule of law both at home and abroad.
China
Amongst contemporary Chinese legal scholars, the word “Fazhi” is commonly used. It can be translated as the “rule of law”. However, despite this apparent passion for the rule of law, many have questioned whether the Chinese leaders intended for it to mean the rule of law, or more probably, the “rule by law”, which entails using laws to control society and impose punishments. Elements of this idea of “rule by law” can be seen throughout the country. For example, the National People’s Congress is wildly ineffective in legislating and supervising the government. There is also a lack of independence between lawyers and the government, or moreover, the Chinese Communist Party (CCP), as lawyers are made to swear an oath to the CCP, essentially voiding any hope of judicial independence. Socialism also plays a key role in the rule of law in China. Xi Jinping describes his party’s leadership as “essential to upholding socialist rule of law.” It can be argued that the influence of socialism is most significant in distinguishing China’s execution of the rule of law from most other countries.
China’s model shows how the language of the rule of law can be adopted, yet reshaped to serve the state’s authority rather than restrain it.
So, Why Should It Matter To You?
Well, as members of society, something that quietly shapes every element of our surroundings should be of the utmost importance to us; especially those of us who are still in the early stages of our lives. The rule of law is significant, because when it works, it means your rights aren’t just false, intangible promises. It ensures accountability in a world where it is increasingly fleeting. Protecting and understanding the rule of law is an investment in the kind of fair, just society we will inherit tomorrow.