By Augusto Zimmermann
According to the tradition of the rule of law in the West,
to be under law presupposes the existence
of certain laws serving as an effective check on
arbitrary power. The rule of law is therefore far
more than the mere existence of positive laws, as
it also requires the state to act in accordance with
principles of a ‘higher law’. The search for such
‘higher law’ implies, however, a moral discussion
on what laws ought to be. If so, the rule of law
becomes an impracticable and even undesirable
achievement for societies not subject to certain
patterns of cultural and religious behaviour. On the
other hand, any radical change in such patterns can
certainly produce undesirable consequences for the
realization of the rule of law.
