Are Rule of law and qualified immunity doctrines compatible?
<p>Are qualified immunity doctrines compatible with &quot;rule of law&quot; -- the notion of the law giving equal rights and obligations to citizens?  Can things like death penalty or immunity from prosecution be justified under rule of law?</p>

<p>&quot;Rule of law&quot; is one thing, &quot;giving equal rights and obligations to citizens&quot; is another. Qualified immunity, both in doctrinal and statutory form, are statements of law, e.g. saying that a police officer has the power to use force in a manner that others may not. &quot;Equal rights and obligations&quot; are actually &quot;equal, as defined in the law&quot;, for example a 6 year old has no obligation to comply with contract that that may have formed – there is an exception to the otherwise general rule, which is recognized by the law.</p>

constitutional-law