Core theoretical framework and methodology
Introduction to the model
The science-based model of the Rule of Law has been under development by Rita Felgate, an Advocate of the High Courts of South Africa since around October 2001. Her Practitioner Number with the Legal Practices Council is provied on the Legal Pracitice Council’s website.
The model identifies the ROL as arising within complex systems of governance out of the functional necessity to separate access to and the exercuse of powers between different componenets, in response to the need to coordinate those separate powers towards system equilibrium over time.
In brief, the model identifies the mechanisms of that coordination as being based on an output/input feedback loop in which actions of one componennt of state are the conditional inputs to actions by another component of state.
It identifies reason, rationality and logic necessary to maintaining systemic equilibrium and stability as gatekeepers to accessing and exercising powers of the system.
And it predicts systemic stability and equilibrium as compliance the effect of the Rule of law
The Science-based Model
Formal Scientific Methods vs Empirical methods
Emprical science-based methods start with observations and proceed by way of hypotheses of causal relationships between phenomena, and testing of those hypotheses.
Formal scientific methodology is appropriate where the phenomenon under study is incorporial and cannot be diretly identified and observed, and is therefore appropriate to phenomena such as relate to mathematics, physics, and the rule of law
It starts with observations of a phenomenon, proceeds with analysis of its systemic context, and proceeds wtih formulating and testing hypotheses thta can be inferred or deduced form those observations, with analysis of results and the development of a cause-and-effect model that predicts how the pheonomenon arises, its mechanics of operation, and its predicted effects.
Systems Analysis Approach to the ROL
[In draft]
Key Definitions and Concepts
[In draft]
Four Compinenet of State
[In draft]
Separation amd articulation of powers
[In draft]
ROL Mechanics as a Closed System Feedback-loop