Also known as:government of laws not of men · a government of laws and not of men · rule of law
Written by attorneys · grounded in primary & secondary sources — see below
A foundational constitutional principle requiring that governmental power be exercised only in accordance with established legal rules rather than personal discretion. The principle ensures that officials act within legal bounds and that remedies exist for violations of vested rights.
Sources & Authorities
How it applies
Common Examples
6
Negligence Liability Despite Unusual Sequence
Gary Goldman operated a delivery truck that struck a pedestrian after a chain of events involving an unexpected detour. The court applied the rule that no manner of occurrence relieves the actor of liability once negligence is established as a substantial factor. Gary's conduct remained subject to legal standards rather than arbitrary exemption.
Classification of Property Interests
Gabriella Gomez owned land in one state while residing in another. The court classified the property as immovable under the law selected by choice-of-law principles. This classification followed established legal rules rather than personal preference of the forum.
Select any source to read its text and confirm it supports the definition.
Uniform Acts
Model Codes
Restatements
Casebooks
Future Interest After Abolition of Doctrine
George Garcia created a trust leaving property to his children for life then to his next of kin. The court treated the language as creating a valid remainder in the described class. This result followed the governing statute rather than any personal presumption favoring the transferor.
Publisher Liability for Loss
Guadalupe Gallegos published a statement causing pecuniary loss to a competitor. The court held the publisher subject to liability because the publication was a substantial factor. No special rule of law exempted the publisher based on the precise sequence of events.
Recognition of Marriage Under Law
Gloria Green and her partner sought recognition of their out-of-state marriage. The court applied constitutional principles to determine the validity of the union. The decision rested on legal standards rather than individual officials' preferences.
Obergefell v. Hodges576 U.S. 644 (2015)
Enforcement of Vested Legal Right
Guillermo Guzman received a signed commission but was denied the office. The court held that the laws must provide a remedy for violation of a vested right. This outcome upheld the principle that government operates under law rather than personal will.
Marbury v. Madison5 U.S. (1 Cranch) 137 (1803)
Common questions
Frequently Asked
3
What does the phrase require of government officials?+
Officials must exercise power only according to established legal rules. The principle prevents actions based on personal discretion alone.
Supporting sources
How does the principle relate to remedies for rights violations?+
The principle holds that laws must furnish a remedy whenever a vested legal right is violated. Without such remedies the government would cease to merit the description of a government of laws.
Supporting sources
Does the principle apply when statutes mandate specific executive actions?+
Yes. When Congress directs disbursement of funds to all qualifying applicants by a fixed deadline, the executive must follow that command. Unilateral withholding based on political considerations violates the principle.
5 U.S. (1 Cranch) 137 (1803)Property
…that where there is a legal right there is also a legal remedy by suit or action at law. The government of the United States is a government of laws and not of men; it will cease to deserve that appellation if the laws furnish no remedy for the violation of vested legal rights. The question is whether this case can be arranged with damnum absque…