Kennedy: U.S. Must Promote ‘Rule of Law’

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The New York Sun

HONOLULU — America has failed to make the case for freedom, democracy, and Western law to the rest of the world, Justice Kennedy said Saturday.

“Make no mistake, there’s a jury that’s out. In half the world, the verdict is not yet in. The commitment to accept the Western idea of democracy has not yet been made, and they are waiting for you to make the case,” Justice Kennedy said in an address to the American Bar Association.

Justice Kennedy, 70, said he fears many parts of the world are not yet convinced that the American form of government as designed by the framers of the Constitution guarantees a better way of life.

“Our best security, our only security, is in the world of ideas, and I sense a slight foreboding,” he said.

A moderate justice who has become a key swing vote on the Supreme Court, Justice Kennedy argued that the meaning of the phrase “rule of law” must be made clear in order to spread the cause of freedom to other countries. He avoided singling out specific nations.

He said the rule of law has three parts: It must be binding on all government officials; it must respect the dignity, equality, and human rights of every person, and it must guarantee people the right to enforce the law without fear of retaliation.

“Americans must understand that if the rules of law have meaning, such as hope and inspiration for the rest of the world, it must be coupled with the opportunity to improve human existence,” Justice Kennedy said.

America’s quest to spread freedom will only succeed if people in other countries accept the promises made by a democratic government, he said.

“For us, law is a liberating force. It’s a promise. It’s a covenant that says you can hope, you can dream, you can dare, you can plan,” he said. “We must explain to a doubting world where the verdict is still out.”


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