Power is subject to the law

In a state governed by the rule of law, the authorities cannot act solely as they wish. Their decisions must comply with the rules that apply to them, including constitutional safeguards and fundamental rights.

Oversight and legal remedies

People have access to legal remedies to challenge certain decisions or enforce their rights, subject to the conditions laid down in the relevant legal texts. Independent courts review acts and resolve disputes. The separation of powers helps prevent arbitrary action.

An example: reviewing legislation

The priority question of constitutionality allows a legislative provision that may infringe the rights and freedoms guaranteed by the Constitution to be challenged during legal proceedings, after preliminary screening by the courts. The Declaration of the Rights of Man and of the Citizen is among the reference texts used in this review.

Do not confuse the two

Democracy concerns, in particular, citizen participation and the legitimacy of power. The rule of law concerns the legal limits imposed on the exercise of that power. A decision taken by a majority must also comply with the applicable safeguards.