Usuário(a):Comuna de Paris/Testes

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O primeiro uso conhecido dessa frase em inglês ocorreu por volta de 1.500 dC.[1] Outro exemplo inicial da frase "rule of law" é encontrado em uma petição para Jaime I da Inglaterra em 1610, from the House of Commons:

Amongst many other points of happiness and freedom which your majesty's subjects of this kingdom have enjoyed under your royal progenitors, kings and queens of this realm, there is none which they have accounted more dear and precious than this, to be guided and governed by the certain rule of the law which giveth both to the head and members that which of right belongeth to them, and not by any uncertain or arbitrary form of government....[2]

Em 1607, o chefe de justiça inglês Sir Edward Coke disse em Case of Prohibitions (de acordo com seu próprio relatório) "that the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debet esse sub homine, sed sub Deo et lege (That the King ought not to be under any man but under God and the law.)."

Among the first modern authors to use the term and give the principle theoretical foundations was Samuel Rutherford in Lex, Rex (1644).[3] The title, Latin for "the law is king", subverts the traditional formulation rex lex ("the king is law").[4] James Harrington wrote in Oceana (1656), drawing principally on Aristotle's Politics, that among forms of government an “Empire of Laws, and not of Men” was preferable to an “Empire of Men, and not of Laws”.[5]

John Locke also discussed this issue in his Second Treatise of Government (1690):

The natural liberty of man is to be free from any superior power on earth, and not to be under the will or legislative authority of man, but to have only the law of nature for his rule. The liberty of man, in society, is to be under no other legislative power, but that established, by consent, in the commonwealth; nor under the dominion of any will, or restraint of any law, but what that legislative shall enact, according to the trust put in it. Freedom then is not what Sir Robert Filmer tells us, Observations, A. 55. a liberty for every one to do what he lists, to live as he pleases, and not to be tied by any laws: but freedom of men under government is, to have a standing rule to live by, common to every one of that society, and made by the legislative power erected in it; a liberty to follow my own will in all things, where the rule prescribes not; and not to be subject to the inconstant, uncertain, unknown, arbitrary will of another man: as freedom of nature is, to be under no other restraint but the law of nature.[6]

The principle was also discussed by Montesquieu in The Spirit of the Laws (1748).[7] The phrase "rule of law" appears in Samuel Johnson's Dictionary (1755).[8]

In 1776, the notion that no one is above the law was popular during the founding of the United States. For example, Thomas Paine wrote in his pamphlet Common Sense that "in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other."[9] In 1780, John Adams enshrined this principle in the Massachusetts Constitution by seeking to establish "a government of laws and not of men."[10]

The influence of Britain, France and the United States contributed to spreading the principle of the rule of law to other countries around the world.[11][12]

  1. ↑ Oxford English Dictionary (OED), "Rule of Law, n.", accessed April 27, 2013. De acordo com o Oxford English Dictionary, esta sentença, de cerca de 1500, foi escrita por John Blount: "Lawes And constitutcions be ordeyned be cause the noysome Appetit of man maye be kepte vnder the Rewle of lawe by the wiche mankinde ys dewly enformed to lyue honestly." E esta sentença de 1559 é atribuída a William Bavand: "A Magistrate should..kepe rekenyng of all mennes behauiours, and to be carefull, least thei despisyng the rule of lawe, growe to a wilfulnes."
  2. ↑ Hallam, Henry. The Constitutional History of England, vol. 1, p. 441 (1827).
  3. ↑ Rutherford, Samuel. Lex, rex: the law and the prince, a dispute for the just prerogative of king and people, containing the reasons and causes of the defensive wars of the kingdom of Scotland, and of their expedition for the ayd and help of their brethren of England, p. 237 (1644): "The prince remaineth, even being a prince, a social creature, a man, as well as a king; one who must buy, sell, promise, contract, dispose: ergo, he is not regula regulans, but under rule of law...."
  4. ↑ «The Rule of Law». The Constitution Society. Consultado em 3 October 2014. Arquivado do original em 6 October 2014  Verifique data em: |acessodata=, |arquivodata= (ajuda)
  5. ↑ Harrington, James (1747). Toland, John, ed. The Oceana and other works 3 ed. London: Millar. p. 37 (Internet Archive: copy possessed by John Adams) 
  6. ↑ Locke, John. Second Treatise of Civil Government, Ch. IV, sec. 22 (1690).
  7. ↑ Tamanaha, Brian. On the Rule of Law, p. 47 (Cambridge University Press, 2004).
  8. ↑ Peacock, Anthony Arthur, Freedom and the rule of law, p. 24. 2010.
  9. ↑ Lieberman, Jethro. A Practical Companion to the Constitution, p. 436 (University of California Press 2005).
  10. ↑ Massachusetts Constitution, Part The First, art. XXX (1780).
  11. ↑ Winks, Robin W. (1993). World civilization: a brief history 2nd ed. San Diego, CA: Collegiate Press. p. 406. ISBN 978-0-939693-28-3 
  12. ↑ Billias, George Athan (2011). American constitutionalism heard round the world, 1776–1989: a global perspective. New York: New York University Press. pp. 53–56. ISBN 978-0-8147-2517-7 
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