The Rule of Law
The Rule of Law
This chapter explores what is meant by the Rule of Law from AV Dicey to Tom Bingham and Ronald Dworkin. Much has been said about the rule of law since September 11, 2001,usually disingenuously by those who claim they are defending freedom. The Rule of Law is the implicit basis of the Law Lords’ four Belmarsh-based decisions and the four US Supreme Court Guantánamo decisions. These decisions manifest the meaning and history of the due process of law, fair trial, access to the courts, equality, habeas corpus and separation of powers - all core touchstones of the Rule of Law. Tom Bingham’s central premise defining the Rule of Law is that ‘all persons and authorities within the state, whether public or private, should be bound by and entitled to the benefit of laws publicly and prospectively promulgated and publicly administered in the courts’. This chapter explores the historical origins of the Rule of Law (Magna Carta) and separation of powers(Aristotle) and modern day developments (Constitutional Reform Act 2005); the writings of Lon Fuller, Joseph Raz, Jeffery Jowell, Jeremy Waldron, John Locke and Thomas Paine with regard to the rule of law; and the Human Rights Act, Parliamentary sovereignty, and fundamental rights today in the UK. A new and truly independent Supreme Court has emerged in the UK and the Rule of Law is the new sovereign.
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.