Willem de Vlaming, January 2026
— ⓦ —
A democratic society cannot survive the erosion of accountability. The rule of law exists only where those who exercise power accept restraint, transparency, and responsibility. Any system in which authority is insulated from consequences is no longer governed by law but by power.
THE RULE OF LAW EXISTS ONLY WHERE POWER ACCEPTS RESTRAINT.
A society in which the executive, legislative, judiciary and law enforcement, do not wish to be held accountable and bound by law,— and in where politicians and stakeholders are not willing to accept consequences for their words, actions, and responsibilities — has a serious problem.
In a 'Rule of Raw' based society: power is constrained by law, exercised through institutions, justified by reasons, and answerable to the public:
The restoration and protection of accountability across all branches of government and among all public actors is not a matter of political preference, but a constitutional necessity.
The rule of law requires that all public authority — executive, legislative, judicial, and law enforcement — is exercised within legally defined limits and subject to effective accountability. This principle is not aspirational; it is constitutive of democratic governance.
Accountability is not optional it is the mechanism through which authority is rendered lawful, power is restrained, and public confidence is sustained. Without enforceable accountability, separation of powers becomes nominal, oversight mechanisms are neutralized, and equality before the law is replaced by selective impunity.
A society governed by the rule of law is defined by the consistent application of five foundational principles: Lawful, Justifiable, Proportional, Professional, and Accountable.
Foundational principles
Everyone is equal before the law, without privilege or discrimination.
Laws are public, clear, stable, and applied prospectively.
Separation and balance of powers
The executive, legislative, and judiciary are independent and equal in authority, with distinct responsibilities.
Each branch is subject to checks and balances to prevent abuse of power.
Legality and proportionality
All public action is grounded in law.
Policies and enforcement measures are necessary, proportionate, and pursue legitimate aims.
Arbitrary or discretionary power is limited and reviewable.
Judicial independence and due process
Courts are independent, impartial, and accessible.
Everyone has the right to a fair hearing, legal representation, and effective remedies.
Decisions are reasoned and subject to appeal.
Professional administration
The civil service is professional, merit-based, politically neutral, empowered to act, and accountable for outcomes.
Decisions are transparent and subject to oversight.
Law enforcement
Law enforcement operates under clear legal mandates.
Use of power is proportional, rules-bound, and accountable.
Misconduct is investigated independently and remedied effectively.
Accountability and transparency
Public officials are accountable to the law and to independent oversight institutions.
Government actions and decisions are transparent, except where narrowly justified.
Protection of rights
Fundamental rights and freedoms are protected against both state and private abuse.
Restrictions on rights are lawful, necessary, and proportionate.