Rule Of Law

The Rule of Law means that a government sets out what is allowed and what is not. This is different from Rule BY Law which means that laws are instruments of oppression, which have nothing to do with the Consent Of The Governed. The virtue of the rule of law approach is that people can get on with arranging their affairs without having to outguess the arbitrary decision of officials. Friedrich von Hayek, an economist explains this in The Road to Serfdom. In practice it means prosperity is easier to achieve; a strong argument in its favour. An important step in achieving the RoL came in 1215 AD when the Barons forced King John to accept the Magna Carta at Runnymede.

Rule BY Law was explained by Gordon Hewart, 1st Viscount Hewart aka Lord Hewart of Bury, the Lord Chief Justice of England then published in 1929 as the New Despotism. His title is very much to the point. The theme is that the government wants discretionary power, unaccountable power. He was right then. He is right now. Given his background Hewart LCJ has to be regarded as authoritative.

One answer to Rule BY Law is the use of bribery, which tends to be illegal. An important symptom is the abuse of political power. Making bad law in the first place is too easy for politicians. Applying it or not is another.

 When Her Majesty's Prime Minister appoints the Director of Public Prosecutions he has real power to decide which law are enforced or not. This applies with Racism, a Marxist construct which was made into a criminal offence by Her Majesty's Government with the enthusiastic collusion of Her Allegedly Loyal Opposition. It means, just for instance that the Metropolitan Police Commissioner, a chancer called Howe will not investigate or prosecute a little Pakistani oik called ''Lord" Ahmed even though his guilt is blatant. Englishmen get short shrift though. This is Misconduct In Public Office if not Perverting the course of justice or some variant, e.g. Selective Prosecution.

Rule Of Law ex Wiki
QUOTE
The rule of law (also known as nomocracy) generally refers to the "authority and influence of law in society," especially as a constraint upon behavior, including behavior of government officials.[2] This phrase is also sometimes used in other senses.[3]

In its general sense, the phrase can be traced back to the 16th century, and it was popularized in the 19th century by British jurist A. V. Dicey. The concept was familiar to ancient philosophers such as Aristotle, who wrote "Law should govern".[4] Rule of law implies that every citizen is subject to the law. It stands in contrast to the idea that the ruler is above the law, for example by divine right [ or by abuse of power - Editor ].

Despite wide use by politicians, judges and academics, the rule of law has been described as "an exceedingly elusive notion"[5] giving rise to a "rampant divergence of understandings ... everyone is for it but have contrasting convictions about what it is."[6]

At least two principal conceptions of the rule of law can be identified: a formalist or "thin" definition, and a substantive or "thick" definition. Formalist definitions of the rule of law do not make a judgment about the "justness" of law itself, but define specific procedural attributes that a legal framework must have in order to be in compliance with the rule of law. Substantive conceptions of the rule of law go beyond this and include certain substantive rights that are said to be based on, or derived from, the rule of law.[7
UNQUOTE
The Wikipedia says the idea is elusive. Friedrich von Hayek, the distinguished economist is quite clear about it. His explanation in the Road to Serfdom is straightforward, persuasive, sensible. I go with Doctor Hayek on this one.

 

Rule Of Law ex Wiki
QUOTE
In 1977, the influential political theorist Joseph Raz identified several principles that may be associated with the rule of law in some (but not all) societies.[60] Raz's principles encompass the requirements of guiding the individual's behaviour and minimizing the danger that results from the exercise of discretionary power in an arbitrary fashion, and in this last respect he shares common ground with the constitutional theorists A. V. Dicey, Friedrich Hayek and E. P. Thompson. Some of Raz's principles are as follows:

  • That laws should be prospective rather than retroactive.
  • Laws should be stable and not changed too frequently, as lack of awareness of the law prevents one from being guided by it.
  • There should be clear rules and procedures for making laws.
  • The independence of the judiciary has to be guaranteed.
  • The principles of natural justice should be observed, particularly those concerning the right to a fair hearing.
  • The courts should have the power of judicial review over the way in which the other principles are implemented.
  • The courts should be accessible; no man may be denied justice.
  • The discretion of law enforcement and crime prevention agencies should not be allowed to pervert the law.

UNQUOTE
The discretion to use or abuse law is abused in England. That is how Hurd and Maude got away with betraying us, by their Treason At Maastricht.