Justice and Rule of Law

J u s t i c e
Rau nl e
d o f
L a w
Presented by:
Iya Villaluna
Katherine Denise Torres
What is
Justice?
Justice means giving each person
what he or she deserves or, in
Guessmore
that traditional
zoomed in picture
terms, giving
each person his or her due. It
refers to concepts of fairness,
equality, moral behavior,
lawfulness, and order.
SOCIAL
Social justice is "neither communism, nor
JUSTICE
despotism, nor atomism, nor anarchy," but
the humanization of laws and the
equalization of social and economic forces
by the State so that justice in its rational and
objectively secular conception may at least
be approximated.
TYPES OF JUSTICE
Distributive
Justice
Procedural Justice
Retributive Justice
Restorative Justice
JUSTICE SYSTEM
FORMAL INFORMAL
Courts, police, corrections or Councils of elders, indigenous

prison officials, and others. justice dispensation practices,
and other local arbitration
mechanisms.
What is Access to
Justice?
The United Nations Development
Programme
Guess that (UNDP) defines
zoomed in picture
access to justice as the ability of
people to seek and obtain a
remedy through formal or
informal institutions of justice,
and in conformity with human
rights.
COMMON
PROBLEMS AND
ISSUES
FINANCIAL PROBLEMS
ONE OF THE PRIMARY REASONS WHY PEOPLE PARTICULARLY
THE POOR AND DISADVANTAGED DO NOT HAVE ACCESS TO
JUSTICE.
RELUCTANCE TO USE THE LAW

THERE IS ALSO A GROWING MISTRUST BY THE POOR AND THE
DISADVANTAGED OF THE JUDICIAL SYSTEM AS A WHOLE.
INSTITUTIONAL IMBALANCES AND

BIASES
THE MANNER IN WHICH THE DISPENSATION OF JUSTICE IS
BEING DONE FURTHER ALIENATES THE POOR AND THE
DISADVANTAGED FROM THE JUDICIAL SYSTEM.
CAUSES OF DELAYS IN
THE PROVISION OF
JUSTICE REMEDIES
LAWYER ATTRIBUTED DELAYS
JUDGE ATTRIBUTED DELAY
LAW ENFORCEMENT ATTRIBUTED

DELAY
PROSECUTOR ATTRIBUTED DELAY
DELAY CAUSED BY INSTITUTIONAL

WEAKNESS
Injustices in
the
Philippines
The government reported that the
PNP and PDEA have killed 6,252
individuals during the anti-drug
operations.
The OHCHR calculated that the
death toll was at least 8,663.
12 out of thousands are in varying

stages of investigation by police or
active review by prosecutors.
To date, only the case of Kian delos

Santos resulted in the conviction of
police officers.
There were 116 killings on Negros
from July 1, 2016 to August 2019.
While some cases may be drug-
related, most victims were activist
farmers and farmer group leaders.
Global Witness reported that the
murder of environmentalists had
increased under the Duterte
administration, and that the
Philippines in 2028 became the most
dangerous country in the world for
land and environmental activists.
The Philippine Congress failed in
2019 to pass pending legislation
prohibiting discrimination based on
sexual orientation and gender
identity in employment, education,
healthcare, housing, and other
domains.
The stigma is manifested in actions
such as: bullying, teasing, and
harassment. Media prortrayal of
LGBTs as frivolous, untrustworthy
and even dangerous or predatory.
The Philippines is facing the fastest-
growing epidemic of HIV in the
Asia-Pacific region.
Human Rights Watch reseearch
shows that many sexually active
young Filipinos have little or no
knowledge about the role of
condoms in preventing sexually
transmitted diseases because the
government fails to provide adequate
school programs on safe-sex
practices.
Qualitative analysis done by the UN
revealed the following to be the
common narrative types and tactics
used by perpetrators:
• Using religion and patriarchal
social norms as a pretext to
reinforce gender stereotypes.
• Engaging in online harassment
and victim-blaming
• Incentivizing attacks on women
for having opinions
Government and military officials
accused civil society groups of being
supporters of communist New
People’s Army (NPA) insurgents.
The military, police, and other
national security forces have actively
used social media to convey “red
tagging” threats, and in several
cases, those red-tagged persons were
subsequently killed by unknown
gunmen.
Rule of Law
The rule of law is a principle of governance in
which all persons, institutions and entities,
public and private, including the State itself,
are accountable to laws that are publicly
promulgated, equally enforced and
independently adjudicated, and which are
consistent with international human rights
norms and standards.
Rule of Law
It is fundamental to international peace
and security and political stability; to
achieve economic and social progress
and development; and to protect
people’s rights and fundamental
freedoms. (un.org)
According to the Rule of Law, a law should be:
1. Open and clear
2. General in form
Universal in application
3.
4. Knowable to all
Early Concept of Rule
of Law
The early concepts of Rule of Law
included those which were enacted at the
whim of princess and rulers for their
subjects to obey
Aristotle considered as Rule of Law only

that set of laws which was based on
reason, and as Rule of Men that which
was based on other considerations. Many
of these laws were not always just and
fair.
The “dura lex sed lex” maxim became

more of a threat rather than a tenet
whereby people can seek redress for
grievances.
Principles of Rule of Law
The World Justice Project, an international organization that promotes the
rule of law, lists four universal principles that define the concept:
Accountability Just law
Open government Accessible & impartial justice

Additional
Principles of
Rule of Law
• No one is above the law
• Everyone is treated equally under the
law.
• Everyone is held accountable to the
same laws.
• There are clear and fair processes for
enforcing laws.
• There is an independent judiciary, and
human rights are guaranteed for all.
Protection of Human
Rights
It ensures that laws and legal
procedures exist to safeguard
individual liberties and human
dignity. When the rule of law is
strong, it helps prevent human
rights abuses by providing
avenues for redress and
accountability when those rights
are violated.
Equality and Non-
Discrimination
The rule of law ensures that laws and legal

processes are applied uniformly to all
individuals, without discrimination based on
race, gender, religion, or other characteristics.
This promotes the protection of everyone's
human rights.
Human Rights and Rule of
Law
• Legal Framework for Human R
ights
• Freedom of Expression and Ass
ociation
• International Human Rights Fra
mework
Essential Characteristic of Rule o
Law
• The supremacy of law, which means that all persons are subject to law.
• A concept of justice, which emphasizes interpersonal adjudication, law based on

standards and importance of procedures.
• Restrictions on the exercise of discretionary power.
• The doctrine of judicial precedent.
• Legislation should be prospective and not retrospective.

• The exercise of the legislative power and restrictions on exercise of legislative
power by the executive.
Factors of Rule of
Law
• Constraints on Government Powers
• Open Government
• Fundamental Rights
• Order and Security
• Regulatory Enforcement
• Civil Justice
• Criminal Justice
Challenges in Ensuring Rule of Law
• Limited access to justice, especially for
vulnerable and marginalized populations
• Inadequate Legal Education
• The rule of law is jeopardized when there is
political interference in the legal system
• Corruption within the legal system or among
law enforcement agencies can undermine the
rule of law
• Lack of Resources
Limitations and Exceptions of the Rule of
Law
Immunity
Emergency Periods
• Cultural Relativism
• Inadequate Legal
Protection
Ways to promote Rule of
Law
• Respect the system by each and everyone
including leaders and public officials
• Discourage corruption and irregularities
• Ensure separation of power and authority
• Ensure political neutrality among the public
servants/officials.
• Promote strict monitoring and supervision
towards the action of public officials
• Provide proper guidance and training to
promote rule of law
References
https://www.un.org/ruleoflaw/what-is-the-rule-of-law/
https://worldjusticeproject.org/about-us/overview/what-rule-law https://stoplearn.com/limitations-of-the-
rule-of-law/ https://www.americanbar.org/groups/public_education/resources/rule-of-law/
https://www.un.org/ruleoflaw/thematic-areas/human-rights/
https://www.beyondintractability.org/essay/restorative-justice
https://international-review.icrc.org/articles/reparation-for-victims-of-serious-violations-of-ihl-new-
developments-919 https://ihl-databases.icrc.org/en/customary-ihl/v1/rule102
https://www.scu.edu/ethics/ethics-resources/ethical-decision-making/justice-and-fairness/
References
https://pap.ph/position-paper/11#:~:text=This%20stigma%20is%20manifested%20in,entry
%20into%20commercial%20establishments%3B%20pigeonholing
https://www.hrw.org/world-report/2020/country-chapters/philippines
Thank you !

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J u s t i c e

Courts, police, corrections or Councils of elders, indigenous

RELUCTANCE TO USE THE LAW

INSTITUTIONAL IMBALANCES AND

JUDGE ATTRIBUTED DELAY

LAW ENFORCEMENT ATTRIBUTED

PROSECUTOR ATTRIBUTED DELAY

DELAY CAUSED BY INSTITUTIONAL

12 out of thousands are in varying

To date, only the case of Kian delos

1. Open and clear

Aristotle considered as Rule of Law only

The “dura lex sed lex” maxim became

Accountability Just law

Open government Accessible & impartial justice

The rule of law ensures that laws and legal

• A concept of justice, which emphasizes interpersonal adjudication, law based on

• The doctrine of judicial precedent.

• Legislation should be prospective and not retrospective.

vulnerable and marginalized populations

• Inadequate Legal Education

• The rule of law is jeopardized when there is

political interference in the legal system

• Corruption within the legal system or among

law enforcement agencies can undermine the

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