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About the video:
Rule of Law principles (from Tom Bingham's Book 'The Rule of Law')
Accessibility of the Law
The law must be accessible and so far as possible intelligible, clear and predictable.
1. So that people can know how to defend themselves. So people know what to do and what not to do.
2. Same as above but civil (non-criminal). We must know the laws to act good and to claim what is our right. Like if we have to recycle or if we are entitled to a special benefit, we need to know.
3. Laws must be clear to protect large business transactions, otherwise no one would trade in ambiguous waters. People should be able to predict the outcome of their behaviour to a certain degree.
Law not Discretion
Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion. That way law applies equally and is not arbitrary and unjust
Equality before the Law
The laws of the land should apply equally to all, save to the extent that objective differences justify differentiation. Equality before the law, but people in different circumstances should be treated differently, like children should not be given same harshness as adults as their brains are not fully developed.
The Exercise of Power
Ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably.
Human Rights
The law must afford adequate protection of fundamental human rights.
(This is a controversial one, not always true for everyone’s definition of Rule of Law). Even if it is legal to take someone to a concentration camp, he does not think this is fair to the rule of law. “Law needs to reflect what society deems as fair at each stage of our development. It is the mathematics of freedom. Law cannot be just what is decided by a public body and enforced. Nazi Germany did that, not good at all.”
Dispute Resolution
Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
A Fair Trial
Adjudicative procedures provided by the state should be fair.
Rule of law in the constitution. Rule of law ap gov.
Rule of law simple definition. Rule of law examples.
