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The Rules Of Law By Law and Risk of Subversion
By: Tonya Mead, CFE, PI, MBA,MA Educational Psychology
The Rule of Law, according to Stanford researcher, Jeremy Waldron “is not just about government. It requires that citizens should respect and comply with legal norms, even when they disagree with them.“
He states further, “ the law should be the same for everyone, so that no one is above the law, and everyone has access to the law’s protection.”
Waldon cites Tamanaha (2004) in distinguishing The Rule of Law from The Rule by Law. The former “is supposed to lift law above politics while the latter, he argues, “connotes the instrumental use of law as a tool of political power.” He concludes that “the state uses law to control its citizens but tries never to allow law to be used to control the state.”
In reflecting upon the mass student deportations in New Zealand resulting from student visa fraud, conflicts between morality, social justice and the legal constraints arise. Rules and laws are established to punish wrongdoers and resolve disputes. Moreover, rules and laws are enacted to promote the common good for its citizenry. While well-intended, to subvert a law for the benefit of a few malefactors (no matter how minor or major the crime) can lead to the slow destruction of a nation- state making it more vulnerable to the influence of other countries. This viewpoint was theorized by McAlvany in his discussion of a 1985 interview with a former KGB agent, Mr. Yuri Alexandrovich Bezmenov.
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