Key Concepts in Rule of Law

The Supreme Court Basics

Supreme Court is the highest court in the United States

It has 9 Justice who serve life terms

Only heard about 80 cases each year out of thousands

Cases reach the Court through an appeals process

Judicial Review

The Supreme Courts’s power to check if laws follow the Consititution

Can declare laws unconstitutional

Very important power that helps protect peoples rights

Precedent

A previous court decision that guides future similar cases

Like creating a new rule to follow

Can be overturned if times change significantly or new justices have different views

Constitutional Rights

Special freedoms and protections guaranteed by the Constitution

Found mainly in the Bill of Rights

Protect people from government interference

Example: freedom of speech, right to a fair trial

Getting to the Supreme Court

Cases must work their way up through lower courts

Need at least 4 justices to agree to hear a case

Usually involve some part of government

Must involve a constitutional question

Fifth Amendment

1. Protection against self incrimination

2. Protection against double jeopardy

3. Right to due process

Sixth Amendment

Right to a speedy and public trial

Right to an impartial jury

Right to confront witnesses

Right to an attorne

Eighth Amendment

Prohibits excessive bail

Prohibits excessive fines

Prohibits cruel and unusual punishment

Probable Cause

Reasonable grounds for believing a crime has been committed

Miranda Rights

Fifth Amendment protection against self-incrimination

Transparency

Laws must clear and understandable

Fair and Impartial Justice

Everyone has the right to a fair trial

US Constitutional Influences

Magna Carta, Separation of power, protection of individual rights

Accountability

the responsibility of individuals and organizations to accept and report on their actions transparently. It promotes good governance and public trust, ensuring that everyone, including the government, is answerable under the law.

Transparency

ensures that government actions and decisions are open and clearly communicated to the public, building trust and combating corruption by allowing citizens access to information.

Legal Equality

all individuals are treated equally under the law, preventing special privileges and protecting against the abuse of power.

Individual Rights

protect personal liberties from arbitrary state actions, including freedoms such as speech and religion and the right to a fair trial.

Judicial Procedure

the formal rules courts follow to resolve disputes, ensuring due process and protecting legal rights.

Purpose of the Rule of Law

provides a framework for a just society, preventing tyranny, ensuring accountability, protecting rights, providing stability, and promoting economic prosperity.

Historical Origins

The Rule of Law's roots include ancient Greece, the Magna Carta (1215), Enlightenment thinkers like Locke and Montesquieu, and the democratic ideals of the 18th-century revolutions.

Importance in Democratic Societies

The Rule of Law supports democracy by establishing predictable rules for participation, holding government accountable, protecting against injustice, and preventing abuse of power.

Protection of Individual Rights

The Rule of Law safeguards individual rights, ensuring they are more than just promises and that due process is followed, limiting governmental power and protecting fundamental freedoms.f power.