The rule of law is frequently invoked in political debate, yet
rarely defined with any precision. Some employ it as a synonym for
democracy, others for the subordination of the legislature to a
written constitution and its judicial guardians. It has been seen
as obedience to the duly-recognised government, a form of governing
through formal and general rule-like laws and the rule of
principle. Given this diversity of view, it is perhaps unsurprising
that certain scholars have regarded the concept as no more than a
self-congratulatory rhetorical device. This collection of eighteen
key essays from jurists, political theorists and public law
political scientists, aims to explore the role law plays in the
political system. The introduction evaluates their arguments. The
first eleven essays identify the standard features associated with
the rule of law. These are held to derive less from any
characteristics of law per se than from a style of legislating and
judging that gives equal consideration to all citizens. The next
seven essays then explore how different ways of separating and
dispersing power contribute to this democratic style of rule by
forcing politicians and judges alike to treat people as equals and
regard none as above the law.
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