The Rule of Law and Predictability of Law


Generally, the legal system of a country is responsible for maintaining the rule of law. It is composed of courts and other government institutions that are responsible for providing justice and protecting the rights of individuals.


Despite the hype, predictability of law has not received the acclaim it deserves. A lack of uniformity in choice of law methodologies lead to a lack of consistency in decisions. A lack of a good ole boy approach to business law leads to unintended consequences. Predictability of law is a worthy if not obligatory component of any business venture. Interestingly, a study conducted by The Economist on the topic, found that the United States ranks among the nations least predictable jurisdictions. In fact, predictability of law is one of the reasons why some companies opt to set up shop in other parts of the world.

Formal and procedural character

During the early twentieth century, reformers in the United States made sense of the distinction between substantive law and procedure law. They typically relied on Benthamite arguments in support of the proposition that procedural rules should be based on the efficiency of enforcement of substantive law.

Today, however, it is clear that the federal civil docket has undergone a dramatic transformation. It is far less homogeneous than the docket in 1938. Moreover, economic incentives in a class of cases are much different than they were in 1938. Depending on the incentives, a transsubstantive approach may be unjust.

Substantive ideals

Besides the oh so important question of what constitutes a good system of law, there are other elements that deserve equal or even more attention. These include procedural and substantive equality, the aforementioned oh so important question, and the aforementioned oh so important issue of special treatment.

A good rule of thumb is that the rule of law is a good idea, and that it protects individual liberty. In this context, the rule of law is a worthy contender for the most important determinant of social order. There are numerous components to the rule of law, including judicial lawmaking and administrative lawmaking.

Courts play an integral role in maintaining the Rule of Law

Having a clear understanding of the rules and legal system will help to ensure compliance. However, there is a tendency to focus on legal rules that protect individuals rather than those that protect the integrity of the system. This is unfortunate, since courts play an important role in maintaining the Rule of Law.

The Rule of Law requires that administrative institutions adhere to a number of basic principles, such as procedural fairness. Procedural fairness is the basis for a legal system that provides unbiased determinations of rights and duties. This includes impartial adjudications and evidence-based determinations. Procedural fairness demands that the person making the adjudication is not under pressure to reach a decision that serves his or her own interest.