THE ORIGIN OF THE RULE OF LAW; APPLIED RESEARCH ON IRAQI LAW AND INTER-RELIGIOUS LAWS

Abstract

Political systems adopt the principle in some of its manifestations and not others. The transformation into a state of law is gradual, passing through several systems of government in which the state develops and transforms into civilized democratic systems subject to the law and respecting the principle of the rule of law. On this basis, the state of law is one that subjects its public authorities to all legal rules in all actions and behaviors issued by it. This commitment is what takes it out of the category of oppressive states in which the ruling authority has absolute freedom to take whatever actions and procedures it deems appropriate in confronting individuals to achieve whatever goals it pleases without being bound by the provisions and rules of the law. Some constitutional law scholars have distinguished between the principle of the state’s submission to the law and the principle of the rule of law. They say that the principle of the state's submission to the law means subjecting all authorities in the state, and it is a legal principle that aims to protect the rights and freedoms of individuals in the face of the state or the administration. As for the principle of the rule of law, it means the supremacy of the legislative authority over the executive authority, and the inability of the latter to take any action unless it is in implementation of the law or with the authorization of the law. It is a political idea that originated from the fact that parliament represents the will of the nation. The rule of law means the supremacy of the provisions of the law in the state; such that the provisions and rules of the law are superior to all wills in the state (the wills of the rulers and the ruled together).