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CHAPTER 1: Characteristics of the rule of law

General introduction

Rules are everywhere. Rules are managing individual lives and relationships. Even the most sensitive,
romantic and private ones through engagement, marriage, divorce, unfaithfulness and even custody.

Rules also are managing economic relationships between individuals and the government or between two
governments.

To summarize, rules are highly linked to the existence of society. In fact, once people are leading together,
immediately arises a need to order behaviors and conducts.

1. The rule of law is obligatory.


- The rule of law is considered as a command: which means a binding, mandatory and compulsory.
- If we devoid (take off) the rule of law of this character, it will be only considered as an advice or a
recommendation which will be respected to the discretion of each one.
2. The general character of the law.
- Traditionally, the rule of law has been always defined as general. The rule of law doesn’t apply to any
particular person, but to all persons.
- The generality of the law will be a guarantee against any personal discrimination.
- However, some exceptions will apply on some specific regimes or specific categories.
- Those restrictions will be related to the age, to the gender, to the profession or the function.
 For example, military people can’t take part of the voting right.
3. The rule of law is permanent.
- The rule of law is permanent because once it has arisen, the rule will be applicable to all situations
uniformly by the competent authority.
- The permanent nature of the rule of law means that the law was made to last over the time.
- However, this character doesn’t mean that the rule of law is eternal like the religion and can be reviewed
or canceled (abolition of the law) following political, economic and social transformations.
4. The law has a social end.
- The rule of law has essentially a social purpose since it will allow members of a society to live peacefully
and well together.
- The rule of law aims to provide justice, order and security between humans.

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