LegalEase: The rule of law
Published 1:30 am Friday, March 20, 2026
By Ken Williams
We hear the phrase “the rule of law” much lately. What exactly is it? At its most basic it means that individuals, other entities, and the government must obey those laws which have been enacted or otherwise established. In a democracy the rule of law has as its foundational principles that arbitrary governance is prohibited and individual rights are protected. The rule of law is established by consent of those governed. “We the people of the United States” are the first words of the United States Constitution.
The Constitution sets the overlying principles. It is, in some respects, akin to a secular ten commandments. The U.S. Constitution lists many individual rights: freedom to speak, freedom to worship as one chooses, the right to bear arms, freedom to peacefully assemble, the right to petition the government over grievances, the right of due process, and others. Those constitutional principles are meant to guarantee to our nation’s people that they will not face government sanctions or interference when they choose to exercise the rights granted. The Constitution limits the powers of government.
The rule of law also includes legislative enactments such as laws which are passed by Congress, state legislatures, or municipalities. Such laws are also by consent of the people and are enacted through representative government. To be truly representative it is essential that elections be fair and that everyone eligible can vote secretly and without intimidation. Petitions, protests, referendums and subsequent elections are ways in which people can compel changes to laws.
Occasionally enacted laws will conflict with a constitutional principle or mandate. In our system of governance, the task of sorting that out falls upon the Judicial Branch. Laws must comply with the commandments of the constitution. If they do not, they should be invalidated by the Courts.
Courts also serve to clarify what the intent or scope of a law is when there is some ambiguity in the legislation or in regulations adopted to enable a law to function. Court decisions can be appealed through several levels of courts up to the U.S. Supreme Court, whose decisions are final and binding, The rule of law requires everyone, citizen, non-citizen and official to comply with those laws which are “on the books.”
As a country we have chosen to be subject to the rule of law. We have also chosen to have the right to change the law. Even the Constitution can be amended. However, unless those changes are properly enacted we are all, government and individuals alike, required to follow the existing law or face consequences. We have chosen to be ruled by law, not by individuals, nor by autocratic regimes. That is what “the rule of law” means.
_______________________
Ken Williams is a retired Clallam County Superior Court judge and a member of the board of Clallam-Jefferson County Pro Bono Lawyers, clallamcountybar.com/pro-bono/. Do you have a legal question, or a suggestion for a topic to be addressed by LegalEase? Email editor@sequimgazette.com with the subject line LegalEase.
