The Rule of Law

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Overview

'The rule of law' is a phrase much used but little examined. In this brilliant short book, Britain's former senior Law Lord, and one of the most acute legal minds of our time, examines what the idea actually means. He makes clear that it is not an arid legal doctrine but the foundation of a fair and just society, a guarantee of responsible government, and an important contributor to economic growth.

Tom Bingham examines the historical origins of the rule of law, advances eight conditions which capture its essence...

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Overview

'The rule of law' is a phrase much used but little examined. In this brilliant short book, Britain's former senior Law Lord, and one of the most acute legal minds of our time, examines what the idea actually means. He makes clear that it is not an arid legal doctrine but the foundation of a fair and just society, a guarantee of responsible government, and an important contributor to economic growth.

Tom Bingham examines the historical origins of the rule of law, advances eight conditions which capture its essence as understood in Western democracies today and explains why the rule offers the best means yet devised for securing peace and co-operation.

Winner of the 2011 Orwell Prize

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Product Details

  • ISBN-13: 9780141034539
  • Publisher: Penguin Group (USA) Incorporated
  • Publication date: 9/14/2011
  • Edition description: Reprint
  • Pages: 224
  • Sales rank: 297,655
  • Product dimensions: 5.00 (w) x 7.70 (h) x 0.50 (d)

Table of Contents

Preface vii

Part I

1 The Importance or the Rule or Law 3

2 Some History 10

Part II

3 The Accessibility of the Law 37

4 Law not Discretion 48

5 Equality Before the Law 55

6 The Exercise of Power 60

7 Human Rights 66

8 Dispute Resolution 85

9 A Fair Trial 90

10 The Rule of Law in the InternationalLegal Order 110

Part III

11 Terrorism and the Rule of Law 133

12 The Rule of Law and the Sovereignty of Parliament 160

Epilogue 171

Notes 175

Index 197

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  • Posted November 29, 2010

    I Also Recommend:

    Fine study of what the rule of law means in practice

    Tom Bingham, Lord Chief Justice 1996-2008, presents eight parts of the rule of law: The law must be accessible and so far as possible intelligible, clear and predictable. Questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion. Laws should apply equally to all, unless objective differences justify differentiation. 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. The law must afford adequate protection of fundamental human rights. Means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve. Adjudicative procedures provided by the state should be fair. The rule of law requires compliance by the state with its obligations in international law as in national law.

    The European Convention on Human Rights (1950) was effected here by the Human Rights Act (1998). It says, "No one shall be subjected to torture or to inhuman or degrading treatment or punishment." (The US Bill of Rights bans the infliction of 'cruel and unusual punishments'.) It bans slavery and forced labour - -even for benefits. It asserts the rights to life, liberty and security, to a fair trial, and to respect for privacy and family life. It upholds freedom of thought, conscience, religion, expression, assembly and association.

    Article 1 of its Protocols protects: "Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law. . The preceding provisions shall not, however, in any way impair the right of the State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties." Article 2 asserts the right to education.

    Bingham argues that "The rule of law requires that the law afford adequate protection of fundamental human rights." A Constitution is not enough, nor is a merely rhetorical commitment to the rule of law.

    He looks at terrorism's impact on the rule of law and urges that our responses be lawful, not a mimicry of the terrorists' actions. He warns, "it cannot be said that the UK has shown that implacable opposition to torture and its fruits which might have been expected of the state whose courts led the world in rejecting them both. In a sequel to the Belmarsh case . the Government argued that evidence obtained by torture abroad without the complicity of the British authorities could be considered by the Special Immigration Appeals Commission, a contention which the House of Lords unanimously and strongly rejected."

    Finally, he states, "The invasion of Iraq was 'a serious violation of international law and of the rule of law'.

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