Rule of Law
Professor Lisa Riggleman
Society, Law and Government
July 7, 2013
Rules of Law
“The rule of law is a system in which the following four universal principles are upheld:” 1.
The government and its officials and agents as well as individuals and private entities are accountable under the law. 2.
The laws are clear, publicized, and stable and just, are applied evenly, and protect fundamental rights, including the security of person and property. 3.
The process by which the laws are enacted, administered and enforced is accessible, fair and efficient. 4.
Justice is delivered timely by competent, ethical, and independent representative and neutrals that are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve” (The World Justice, 2012).”.
“The rule of law in its modern sense owes a great deal to the late Professor A. V. Dicey. Professor Dicey’s writing about the rule of law is of enduring significance.” “The essential characteristic of the rule of law are:
The supremacy of law, which means that all persons (individual and government are subject to law ii.
A concept of justice which emphases interpersonal adjudication, law based on standards and the importance of procedures. iii.
Restrictions on the exercise of discretionary power.
The doctrine of judicial precedent.
The common law methodology.
Legislation should be prospective and not retrospective. vii.
An independent judiciary.
The exercise by Parliament of the legislative power and restrictions on exercise of legislative power by the executive. ix.
An underlying moral basis for all law” (Cooray, n. d.). “Today, the concept of the rule of law is embedded in the Charter of the United Nations. In its Preamble, one of the aims of the UN is” “to establish conditions under which justice and respect for the obligations arising from treaties and other sources of international law can be...
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