The problem with the rule of law is that it is wholly dependent upon the quality of laws. If the laws of a government are mediocre or ineffective, then the government that enforces those laws will be, too. But a mediocre or ineffective government is unable to satisfy the purpose of democracy, and is of little use to the people.
To meet their obligations to the people, therefore, democratic governments must create laws of the highest possible quality -- laws whose structure and performance approach those of "The Ideal Law of Government,” which optimally serves the purpose of democracy.
THE IDEAL LAW HAS THE FOLLOWING CHARACTERISTICS:
It is simply stated, succinct, and has a clear meaning
It is imperative that those who enforce and interpret the law, and those who are subject to the law, are able to understand both the letter and the intent of the law.
It is completely successful in achieving its objective
Every law in a democracy has a problem-solving purpose, or objective, that serves the best interests of the people and reflects their highest aspirations. The ideal law is completely successful in attaining its objective.
It interacts synergistically with other laws
Laws often have an effect upon, and are affected by, other laws. The ideal law is designed so that its interaction with other laws is synergistic in the attainment of its problem-solving objective.
It produces no harmful side effects
All human-made products, including laws, have unintended side effects that may be beneficial, neutral, or detrimental. A law that accomplishes its problem-solving goal is not acceptable if its unintended side effects degrade the established living standards or quality of life of the people, or infringe upon human rights. Therefore, the ideal law produces no detrimental side effects upon the human rights, living standards, or quality of life of the people.
It imposes the least possible burdens on the people
The ideal law imposes the least possible costs and other burdens upon the people so that the maximum positive net benefit of its enforcement is attained. It is cost-efficient, safe, non-intrusive, and user friendly.