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Why are lawmakers expected to follow the same laws they create?
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In the context of constitutional law, the expectation that lawmakers must follow the same laws they create is a fundamental principle known as the rule of law. This principle asserts that no individual, including the most highly placed government official, is above the law.1
The requirement for lawmakers to be subject to the law is essential for several reasons:
- Prevention of Arbitrariness: The rule of law serves as a mechanism to secure a nonarbitrary form of government. By ensuring that rulers are as subject to existing laws as their citizens, it prevents the arbitrary use of power and protects against despotism or authoritarianism.1
- Equality Before the Law: This concept holds that no person should enjoy privileges not extended to all, and no one should be immune from legal sanctions. It ensures that the application of legal rules is impartial and consistent, regardless of an individual's status or power.1
- Institutional Accountability: To ensure this principle is more than an empty ideal, legal systems often incorporate checks and balances and an independent judiciary. These institutions provide the necessary apparatus to test the lawfulness of government actions and compel officials to submit to the law.21