The Rule of Law

The Rule of Law

1. Concepts and meaning

   • "Everyone is for it, but have contrasting convictions about what it is."
   • The concept can be traced back to the rule of Aristotle (350BC).
     • Aristotle observed that the choice between a king who rules by discretion and a king who ruled by law, would have the preference of the latter
       • The rule of law was preferable as the former choice would vary on being specific to the person of ruling. opposed to a common law to the people.
   • In the 17th Century the power of the King was challenged by parliament.
     • Chief Justice Coke and Common Law Judges.
       • They all aligned themselves with parliament and maintained that common law was in fact above the King.
   • The rights of individuals are determined by legal rules and not arbitrary behaviour or personal whims of authorities

2. Equality before the law

   • Those who are not / Immune
     • Foreign Officials
     • The Monarchy
     • The Crown Services

3. Albert Venn Dicey

   • Credited for providing the logical foundation upon which the modern notion of the rule of law is based.
     • 3 heads which summarise the rule of law.
       • Everyone is equal before the law
       • No one can be punished unless they are in clear breach of the law
       • No laws are above the law