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Rule of Law

Rule of law refers to the notion that everyone is subordinate to the law and no person is above the law.  For this to occur, our laws must invite the respect of the people generally.  Viktor Frankl said in his classic Man’s Search for Meaning (1959) that there is nothing worse than the sense of injustice.  To avoid this, we have a system of laws, procedures, and decision making that ensures no one shall be denied life, liberty, or property for any reason except according to clearly written rules or standards that are predictable in their application and that provide a citizen a reasonable expectation as to the consequences of his action under the law. As such, the rule of law acts as a limitation on the power of government officials. Excessive government regulations and discretion have invited disrespect for the law, fostered the notion of rule of man, not rule of law, have increased the cost of using property, and delayed its application for beneficial uses.  Courts are participants in this growing disrespect for law by their refusal to deal fairly with genuine controversies in favor of expediting resolution at the expense of achieving a just result and by their inability to deal rationally with the plethora of rules imposed by the government on commercial and personal activities.

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