20 May The Rule of Law and Philadelphia

Free speech, human rights and the rule of law. American INSIGHT was created with the mission to preserve these three foundational elements of American democracy.

While the spotlight is often on freedom of speech and the importance of human rights for all, we cannot overlook the importance of the rule of law.

As with the other two principal values, the rule of law, and the very creation of the American legal system, also have deep roots in Philadelphia.

The Cornerstone of the Rule of Law

Philadelphia is well known as the birthplace of the U.S. Constitution and, even before that, the stage was set there for the rule of law in America, thanks to Pennsylvania’s founder, William Penn.

In 1682, Penn established a legal system for Pennsylvania and what is now Delaware that, although patterned after England’s, was different in significant ways.

The purpose of these laws was to reduce some of the harsh aspects in the English legal system at that time. For example, Penn’s system limited the death penalty to cases of murder and treason only. It made trial by jury a right for all, rather than a privilege for the few, and it guaranteed freedom of religion.

The Home of the Oldest Court in America

When the Founding Fathers included the judicial branch among the three branches of government, it further served as a sign of the important role the court system would have in America.

While William Penn’s system created a legal foundation in the New World, final appeals were still often sent to England. However, the Judiciary Act of 1722 resulted in the formal establishment of the Supreme Court of Pennsylvania, which is now recognized as the oldest appellate court in the United States.

Pennsylvania’s Supreme Court became a model for other state courts across the nation and served as a precursor for the eventual creation of the federal judiciary.

Philadelphia Leads Legal Education and Global Advocacy

Philadelphia’s connection to its rule of law foundation is still prevalent today in many ways, especially through its position as a modern epicenter for legal universities and institutions. The University of Pennsylvania Carey School of Law, Temple University Beasley School of Law, and Drexel University Kline School of Law are all located in Philadelphia and Villanova University is located just outside of the city.

Philadelphia also hosts many national events and rallies associated with promoting the rule of law, including the Rule of Law Rally on Law Day, which we celebrated earlier this month on May 1. On Law Day, many legal professionals affirm their commitment to upholding the rule of law.

Spotlight on Free Speech Award Winner: I Will Not Be Silenced (2016)

The rule of law was the focus of I Will Not Be Silenced, the Free Speech Award-winning film in 2016, only this time it was the law in Kenya. The documentary, which was written and directed by Judy Rymer, chronicled Australian journalist Charlotte Campbell Stephen’s seven-year battle for justice after she was horrifically gang raped in Nairobi.

The film documents Charlotte’s fight against the Kenyan legal system, which turned into a highly publicized court case that also exposed and challenged a system that strived to keep Kenyan women powerless.

Throughout the film, Charlotte shares the stories of Kenyan women as they find their own strength to fight back. The indomitable strength and courage she showed served as an inspiration for many women who had been silenced and brought them and their struggles out of the dark.

Ultimately, Charlotte’s case served as an example for the women of Kenya and the need for reformers in the Kenyan legal system.