Law (government)

The governments production, implementation and enforcement of laws has important implications for the behavior of citizens. The philosophical assumptions behind the writing of laws, and the role science has in underpinning arguments for their adoption, is of importance to psychologists, as are the principles of law enforcement and the treament of defendents, offenders and victims.

In 1959, an international gathering of over 185 judges, lawyers, and law professors from 53 countries, meeting in New Delhi and speaking as the International Commission of Jurists, made a declaration as to the fundamental principle of the rule of law. This was the Declaration of Delhi. They declared that the rule of law implies certain rights and freedoms, that it implies an independent judiciary, and that it implies social, economic and cultural conditions conducive to human dignity. The Declaration of Delhi did not, however, suggest that the rule of law requires legislative power to be subject to judicial review.

In the twenty-first century, the rule of law has been considered as one of the key dimensions that determines the quality and good governance of a country. Research, like the Worldwide Governance Indicators, defines the rule of law as: "the extent to which agents have confidence and abide by the rules of society, and in particular the quality of contract enforcement, the police and the courts, as well as the likelihood of crime or violence." Based on this definition the Worldwide Governance Indicators project has developed aggregate measurements for the rule of law in more than 200 countries.

The influential political theorist Joseph Raz identified several principles that may be associated with the rule of law in different societies. Raz's principles encompass the requirements of guiding the individual's behaviour and minimizing the danger that results from the exercise of discretionary power in an arbitrary fashion, and in this last respect he shares common ground with the constitutional theorists A. V. Dicey, Friedrich Hayek and E. P. Thompson. Some of the most important of Raz's principles are as follows:

According to Raz, the validity of these principles depends upon the particular circumstances of different societies, whereas the rule of law generally "is not to be confused with democracy, justice, equality (before the law or otherwise), human rights of any kind or respect for persons or for the dignity of man".
 * That laws should be prospective rather than retroactive.
 * Laws should be stable and not changed too frequently, as lack of awareness of the law prevents one from being guided by it.
 * There should be clear rules and procedures for making laws.
 * The independence of the judiciary has to be guaranteed.
 * The principles of natural justice should be observed, particularly those concerning the right to a fair hearing.
 * The courts should have the power to judicial review the way in which the other principles are implemented.
 * The courts should be accessible; no man may be denied justice.
 * The discretion of law enforcement and crime prevention agencies should not be allowed to pervert the law.

Sound psychological principles underpin much of what was agreed.