A. The general, abstract, and egalitarian character of the rule of law
The law is general: it applies to all French individuals, everywhere on the territory. The law is valid for all.
The law is abstract: it applies to general situations and not situations concerning this or that person specifically.
The law is egalitarian: it applies in the same way to all these for all these individuals.
B. The mandatory nature of the rule of law
The rule of law must be respected by everyone: it
is imposed on all individuals.
It is also coercive. The violation of the law leads to a sanction.
The compulsory nature of the rule of law is, however,
nuanced. A distinction is thus made between:
—mandatory rules that are always binding
—Suppletive rules of will which can be set aside can be set aside if the parties concerned so wish. They apply as long as they have not been explicitly set aside.
→ 50 Introduction to Law cards
Originally posted on 26 April 2021 @ 15:39
Imperative rules are rules whose character is obligatory to everyone and that is why it is called **rules of public order** because they ensure peace, security and stability of society.
Supplementary rules are rules whose mandatory nature is light, which means that their application is left to the will of the questions.