Characteristics of modern western rule of law

First, it emphasizes the rule of law, regards the rule of law as the main method of governing the country and managing the society, and advocates that all individuals or institutions are under or within the law and are subject to the pre-set legal rules. In order to ensure that all institutions and individuals are bound by law, advocates of formal rule of law emphasize the importance of government decentralization and checks and balances, and believe that the supremacy of law as a rule can be established and the rule of law can exist only if there are no individuals or institutions above society and without restrictions.

Secondly, it emphasizes legal autonomy, that is, law is separated from morality and religion. In legal positivists, the legitimacy of law comes from the state, and its extreme form is to regard law as "the order of the monarch", which will lead to the result that "evil law is also law". Some scholars of natural law school, such as Fuller and finnis, claim that law and morality are inseparable, but their principle of rule of law excludes substantive value and retains formal characteristics.

Thirdly, it emphasizes that everyone is equal before the law, that is, formal equality, and opposes measures aimed at pursuing equality of results or limiting actual inequality.

Fourth, we should adhere to the generality and universality of laws and oppose special laws. We think that it is against the rule of law whether it is legislation to safeguard privileges or giving special care or help to certain special social groups, such as the disadvantaged groups.

Fifth, it advocates judicial independence, pays attention to procedural elements, and thinks that the policy orientation or deviation from the prescribed fairness in the judicial process is contrary to the principle of democratic separation of powers and undermines the rule of law. Therefore, in the judiciary, formal justice or procedural justice is emphasized and moral principles with valuable intentions are opposed.

Sixth, safeguard individual freedom, adhere to the distinction between civil society and political state, and maintain space as a private sphere so that individuals are not illegally interfered by the government, organizations or others. Obviously, the formal rule of law focuses on protecting negative freedom, at least against ignoring the necessary conditions for exercising freedom.

Seventh, advocate the stability of the law and oppose changing the rules. Adhere to the openness and clarity of the law, oppose the secret law not being taught, and oppose the formulation of ambiguous laws and arbitrary interpretations.

Formal rule of law is the basic form of western modern rule of law and plays an important role in modern society.