Also known as: supremacy of the law · rule of law
Written by attorneys · grounded in primary & secondary sources — see below
The doctrine that governmental power must be exercised according to established legal principles rather than through arbitrary or discretionary action.
A state agency left a chemical container unsecured on public property. A citizen later knocked it over during an argument, causing a spill that injured a bystander. The agency argued the unusual chain of events should cut off responsibility. The court held the agency liable because governmental power is exercised only according to established legal principles without special relief based on the precise manner the harm unfolded.
A municipal authority disputed whether an antique clock installed in a government building counted as a fixture under state law. When the agency sought to apply its preferred forum's rules, the court applied the law of the situs to classify the item. This ensured governmental power operated under the governing legal rules rather than any agency's preference for a different approach.
Select any source to read its text and confirm it supports the definition.
A state probate court construed a will leaving ranch land to heirs at law. The estate agency argued this language created an automatic reversion under traditional doctrine. The court rejected the claim because governmental power may not recognize any reversionary interest based on such wording once the legislature has abolished the rule.
A state-owned bank published a report falsely stating that a company faced imminent bankruptcy. Several clients canceled contracts after reading the report, causing measurable losses. The bank claimed the indirect way the harm occurred should shield it from responsibility. The court imposed liability because governmental power is not exercised through special exemptions based on the precise path the loss followed.
Samantha Stone faced delinquency charges in juvenile court for an alleged theft. The prosecution sought to prove the case by a preponderance of the evidence. The court required proof beyond a reasonable doubt instead, holding that the constitutional command of law governs even in specialized proceedings.
Serena Soto's land was taken by the city for a public project. The city offered only nominal payment based on its internal valuation. The court required full compensation under the law, rejecting any claim that the government could set its own terms for the taking.
The principle requires that liability attach whenever negligent conduct is a substantial factor in producing the harm. No separate doctrine excuses responsibility simply because the precise sequence of events was unusual or involved other contributing conditions.
The principle directs courts to classify items as immovable or movable according to the law selected by established choice-of-law rules rather than by ad hoc preferences of the parties.
The principle abolishes any automatic reversionary interest created by language describing beneficiaries as heirs or similar terms. Such language receives no special legal effect beyond ordinary construction rules.
The principle requires that the reasonable-doubt standard apply in juvenile delinquency proceedings because constitutional commands of law govern even specialized forums.
Supporting sources
…for certiorari of the individual petitioners and of the Times. 371 U. S. 946. We reverse the judgment. We hold that the rule of law applied by the Alabama courts is constitutionally deficient for failure to provide the safeguards for freedom of speech and of the press that are required by the First and Fourteenth…