Also known as: government of law · rule of law
Written by attorneys · grounded in primary & secondary sources — see below
A foundational constitutional principle requiring that all governmental actions affecting life, liberty, or property occur only according to established legal rules rather than the arbitrary discretion of officials. The principle ensures that legal remedies exist for violations of vested rights and that courts may review executive or legislative acts for compliance with law.
Glenn Gross, an employee of Granite Holdings, left a containment valve partially open after routine maintenance at a chemical facility. Heavy rain later carried leaked material into Genevieve Gardner's adjacent property, causing damage through an indirect path. A court imposes liability on Granite Holdings because the principle of government of laws requires remedies for violations of rights even when harm occurs indirectly.
Gavin Grant, a resident of one state, conveyed an interest in land located in another state to George Garcia. The parties dispute whether the interest qualifies as immovable or movable under applicable choice-of-law rules. A court classifies the interest according to the law selected by the governing principles to ensure government acts only according to established legal rules.
Select any source to read its text and confirm it supports the definition.
Gabriel Gonzalez executed a will devising property to his heirs at law with language of similar import. After his death, a dispute arises over whether the language creates a reversionary interest in the estate. A court refuses to recognize any such reversion under the governing probate statute because the principle of government of laws demands that courts follow enacted statutes rather than superseded common-law doctrines.
Gustavo Gutierrez published a statement about Glacier Energy's operations that caused third parties to cancel contracts with the company. Glacier Energy sues for the resulting financial harm. A court holds the publisher liable because the principle of government of laws requires that legal remedies remain available and that no manner of harm relieves responsibility under established rules.
Genevieve Gardner faces delinquency charges in juvenile court for an act that would constitute a crime if committed by an adult. The prosecution presents evidence meeting a preponderance standard but not beyond a reasonable doubt. The court requires the higher standard before adjudicating delinquency.
Grove Manufacturing receives a signed commission from the President but the Secretary of State refuses delivery. The company sues in federal court to compel delivery. The court entertains the action because a legal right exists and the laws must furnish a remedy for its violation.
The principle requires that the official follow the statutory command to disburse funds to every qualifying applicant by the deadline. Withholding based on political considerations violates the mandate that government act only according to law. A court may order disbursement to enforce the legal right.
No. The principle prohibits legislative interference with final judicial judgments because such action exceeds Congress's authority and violates separation of powers. Courts must treat final judgments as conclusive exercises of judicial power.
The principle limits absolute immunity to aides performing discretionary functions closely tied to presidential decisionmaking in sensitive areas. An aide who bypasses established procedures receives only qualified immunity so that legal remedies remain available for due process violations.
The principle requires proof beyond a reasonable doubt when the proceeding may result in loss of liberty. A lower standard would permit governmental action affecting liberty without the full protection of law.
…where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal rights. The question is whether this case can be arranged with…