Rule of Law and Rule by Law
Prof. Lafi Daradkeh
Professor of Private Law-Yarmouk University-Jordan
Abstract:
This paper deals with law as a tool for measuring the civilization of the states in two models. The first deals with the law as a tool for building and developing (rule of law), and it is found in the developed countries where the law in these countries derives from its meaning as a law. This meaning of law is being used as a criteria to referee to the development level of a country, therefore such state is called a state of law and institutions. As to the second model of law, it deals with the law as a means of destruction (rule by law), and this role of law can be illustrated either in the way of making law, or the way of its application, or the way of its interpretation. The state that gives such meaning to the law is considered as a developing country. As a result of the division among countries regarding the meaning of law, International conventions are made for developed countries to be able to deal with the developing countries. It is also noticed that international organizations as well as single markets require developing countries to reform their legislations to be members in such entities.