The Role of Lawyer in Establishment of Rule of Law and Protection of Human Rights

Abstract

One of the items of rule of law in any political and legal system is existence of an efficient and independent judicial system. Independence and efficiency in judicial system and hearing process are not realized without counsellorship and the regulatory and supportive role of the lawyer. With consideration of different approaches and viewpoint of rule of law in its formal and substantive aspects, one could observe the significance of position and role of lawyer and advocacy in establishing the rule of law and protection of human rights in any society. In a broad perspective, one could claim that the lawyer could play a significant role in different stages such as establishment of rule of law and its development, drafting of bills and legislations, trial stage and playing regulatory role as well as teaching rules and making them predictable for the citizens. The review of certain concepts such as equality before the law, the supremacy of law, legal certainty, predictability, objectivity of law, and other elements of rule of law manifests the necessity of presence of lawyer and significance of advocacy in realizing such concepts, establishment of rule of law, and protection, education and training of human rights. In regard to the elements and items of rule of law, the present study aims to apply the substantive and formal conceptions of rule of law so as to explain the role and position of lawyer in establishment of rule of law and protection, promotion and development of human rights.

DOI: 10.5901/mjss.2016.v7n4p28