The Rule OF Law strives to maintains the dignity of the individual.
The Rule OF Law is supposed to lift law above politics.
The idea is that the law should stand above every powerful person and agency in the land.
The Rule BY Law strives to control the individual.
The Rule BY law, in contrast, connotes the instrumental use of law as a tool of political power.
It means that the state uses law to control its citizens but tries never to allow law to be used to control the state.
The Rule BY law is associated with the debasement of legality by authoritarian regimes, China for example.
The rule of law is dead.
Rule OF Law vs Rule BY Law
The Rule OF Law strives to maintains the dignity of the individual. The Rule OF Law is supposed to lift law above politics. The idea is that the law should stand above every powerful person and agency in the land.
The Rule BY Law strives to control the individual. The Rule BY law, in contrast, connotes the instrumental use of law as a tool of political power. It means that the state uses law to control its citizens but tries never to allow law to be used to control the state.
The Rule BY law is associated with the debasement of legality by authoritarian regimes, China for example.