The Rule of Law

Concepts and meaning
1. "Everyone is for it, but have contrasting convictions about what it is."
2. The concept can be traced back to the rule of Aristotle (350BC).
  1. 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
    1. 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.
3. In the 17th Century the power of the King was challenged by parliament.
  1. Chief Justice Coke and Common Law Judges.
    1. They all aligned themselves with parliament and maintained that common law was in fact above the King.
4. The rights of individuals are determined by legal rules and not arbitrary behaviour or personal whims of authorities
Equality before the law
1. Those who are not / Immune
  1. Foreign Officials
  2. The Monarchy
  3. The Crown Services
Albert Venn Dicey
1. Credited for providing the logical foundation upon which the modern notion of the rule of law is based.
  1. 3 heads which summarise the rule of law.
    1. Everyone is equal before the law
    2. No one can be punished unless they are in clear breach of the law
    3. No laws are above the law

Zusammenfassung der Ressource

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