Rule of Law

Definition of Rule of Law

The principle that every person and institution, whether public or private, is subject to publicly disclosed, independently adjudicated set of law.

Albert Venn Dicey

Coined the name ‘Rule of Law’, and developed the concept:

1. An absence of arbitrary power of the state

2. Everyone must be equal before the law

3. The law must be supreme

Friedrich Von Hayek

Economic theorist that investigated the need for a stable ‘rule of law’ in economic development:

1. Fixed and announced rules

2. Limited government power

3. Protection of individual rights

4. Importance of an independent judiciary

5. Evolutionary theory of law

Lord Bingham

Wrote the book ‘The Rule of Law’ with eight core principles.

1. The law should be clear and accessible

2. Governed by law not discretion

3. Equality before the law

4. State power should be used reasonably and in good faith

5. Dispute resolution in the civil courts without delay or excessive cost

6. The state should protect human rights

7. The state should provide fair trials

8. International law should be respected as national law.