Law and Order vs. The Rule of Law

In a Globe & Mail op-ed piece today the argument is made that the Harper government is right in its quest for harsher sentencing guidelines and other tough-on-crime measures. In particular, the piece seems to suggest that the Conservative government is correct in reigning in recalcitrant and misguided courts, which are apparently in the habit of "erring on the side of criminals."

First, the author of the op-ed himself acknowledges that most experts in the field view as misguided the mandatory sentencing and other tough-on-crimes measures that are being advanced by the Conservatives. We agree.

Second, however, we would suggest that far more significant as an issue in this election is the question of the extent to which this government has exhibited a respect for the rule of law. Harsher criminal law measures may gain some popularity by pandering to the politics of fear, but government action that erodes and undermines the the rule of law is conduct that eats away at the very foundation of a democracy.

What do we mean exactly by the rule of law, and what actions has the government taken that could be argued to be inimical to the rule of law? We will be addressing those questions in a series of posts over the course of this campaign. So stay tuned! - CM.