Preserving the Rule of Law National Judicial Outreach Week March 1-10, 2019
Why Do We Care About the Law? In 1776, King George III ruled England and the American colonies. The laws that applied to the colonists did not apply to King George. As King, he was above the law. Back in Colonial times, it was the Rule of a King, the Rule of a man.
Unlike Colonial Rule, Our Democratic Government is . . . “a government of laws, not of men.” John Adams, 1774
What is a Government of Laws? Everyone respects and follows “the rule of law” – no one is “above” the law.
Everyone is subject to the law. The Law is King Everyone is subject to the law.
What are the Sources of Our Laws? Remind them from their early education civics classes, that there are three branches of government. Legislative Executive Judicial And there are two layers of government: Federal & State Today we are talking about the Colorado state courts. Federal and State Constitutions
What are the Sources of Our Laws? Legislative Branch Executive Branch Judicial Branch Remind them from their early education civics classes, that there are three branches of government. Legislative Executive Judicial And there are two layers of government: Federal & State Today we are talking about the Colorado state courts. Statutes Regulations Decisions Federal, State and Local Levels
How does America ensure that its laws apply to everyone?
Equal Justice Under Law The Court System Equal Justice Under Law
How do courts protect our country’s commitment to following the rule of law?
Everyone has the right to equal justice under the law. Impartial Application of the Law Everyone has the right to equal justice under the law.
Would it be equal justice if . . . The Law Would it be equal justice if . . . a judge decides a case in favor of someone just because that person is a powerful politician?
Would it be equal justice if . . . The Law Would it be equal justice if . . . a judge who handles job discrimination lawsuits always rules in favor of employers regardless of the evidence?
Would it be equal justice if . . . The Law Would it be equal justice if . . . a judge disparages people of a certain ethnic or religious heritage?
Would it be equal justice if . . . The Law Would it be equal justice if . . . a judge decides a case in favor of someone just because that person donated money to the judge’s favorite charity?
How else do courts protect our country’s commitment to following the rule of law?
Everyone has the right to “due process” or fair procedures in court: A Fair Process Everyone has the right to “due process” or fair procedures in court: Notice Timely, orderly & public process Right to have a lawyer represent you Opportunity to be heard Right to call witnesses Right to confront witnesses Right to appeal
The Law Would it be fair if . . . a judge decides a case because letters to the editor or a newspaper editorial say he should rule that way?
The Law Would it be fair if . . . a judge decides a case against a party because demonstrators outside the courthouse want the court to rule against that party’s position in the case?
a judge decides a case without hearing your side? The Law Would it be fair if . . . a judge decides a case without hearing your side?
The Law Would it be fair if . . . a governor makes a speech about how a case should be decided, the judge decides the case to gain favor with the governor?
The Law Would it be fair if . . . a judge decides a case for one party because it would help the judge get retained in office or re-elected?
What would it be like if . . .? Powerful individuals & groups were “above the law?” ••• those individuals & groups created laws that required courts to decide cases based on a party’s Race Ethnicity Country of origin Religion Party affiliation Home address Health & fitness Loyalty oath
So what is the Rule of Law? No one is “above” the law. The Law Rules G7
How do we ensure that our government is … a government of laws, not of men?
Fair & Impartial Courts ensure that the laws are applied to everyone equally and fairly and that no one is above the law.
In our courts … Everyone is subject to the law. Everyone has the right to equal justice under the law. Everyone has the right to fair & impartial procedures.
Fair & Impartial Courts Preserving Fair & Impartial Courts preserves The Rule of Law