A/HRC/7/42 page 5 The 2005 World Summit held by the General Assembly identified the rule of law as a key area, emphasizing its indispensability for sustained growth, sustainable development and the eradication of poverty and hunger. A. The rule of law and its importance 9. The rule of law means that the affairs of the State, and its relations with the people, are conducted strictly in accordance with its constitution and the law. This limits the powers of the State and protects citizens and communities against arbitrary acts of the State or others. Laws or policies inconsistent with the constitution are invalid. The law must be fair and respect fundamental human rights, and all citizens must receive equal treatment before the law. It is up to the courts to determine whether a law is invalid or to interpret the law. Laws must be accessible to all. They must be administered by an independent judiciary in a transparent way, and citizens’ access to justice, including appropriate remedies, must be assured. Prosecutors and police must follow the law, not the dictates of the executive. 10. Legal institutions play a critical role in economic development, especially in the functioning of a market economy. The concepts of property, corporations and contracts, backed by an independent adjudicatory process, provide a foundation of predictability for economic activities. The rule-of-law framework is infinitely more sustainable for economic and social development than coercion and unlawful appropriations of property, relying on State power. 11. The establishment of the rule of law plays a critical role in the rehabilitation of a State and its officials after prolonged conflict, such as that in Cambodia, during which massive violations of the rule of law by the Khmer Rouge regime destroyed the very foundations of society. The rule of law is important for the legitimacy of the State in the eyes of the people. 12. The values and norms of the rule of law, incorporated in international instruments, is the responsibility of all States and the international community. The rule of law is most threatened by the Government, by corruption among public servants and by judges or prosecutors who are not independent and take orders from the Government. Lawyers must be free to protect their clients without intimidation by the Government or influential persons, or the bar association. B. Rule of law in the Constitution of Cambodia 13. With these considerations in mind, the international community and the various Cambodian groups in the 1991 Paris Agreements emphasized human rights, democracy, and legal and judicial institutions, culminating in the Constitution, which was adopted by the freely elected Constituent Assembly. 14. The Constitution of Cambodia represents a commitment of the Cambodian people to democracy, human rights and the rule of law. One aspiration of Cambodia is to be a country “abiding by the law” (Preamble). Various other provisions emphasize the supremacy of the Constitution and the law, including articles 49, 52 and 150. 15. The Universal Declaration of Human Rights and human rights treaties are binding (art. 31). This was confirmed in a recent, very welcome ruling by the Constitutional Council. Foremost is the right of all citizens to equality before the law (art. 31, para. 2). No one may be prosecuted,