Title: The Enduring Importance of the Rule of Law in Times of Change
Abstract: In light of examples of government action to circumvent compliance with environmental and planning laws, by executive fiat or legislative amendment, this article takes a timely look at the enduring importance of the rule of law. Formulations of the rule of law fall into formal and substantive versions. Formal versions include: rule by law, formal legality and legality with democracy. In its most formal sense (rule by law), the rule of law involves two components: the government must abide by currently valid law and the government may only change law within the legal constraints of the law making power. The formal legality conception goes further and recognises that, in order for the rule of law to be realised, the law must conform to certain standards, including certainty and predictability; there must be adequate machinery to enforce the law, including an independent and impartial judiciary; and there must be congruence between action and the law. Formal legality and democracy further prescribes the democratic procedure by which the content of the law is determined. Substantive formulations of the rule of law incorporate the formal requirements of formal versions of the rule of law but add requirements about the content of the law. These include human rights. Substantive formulations are more controversial. The article concludes that, despite its elusive meaning, the rule of law serves as an anchor in the swirling currents of change.
Publication Year: 2011
Publication Date: 2011-10-13
Language: en
Type: article
Access and Citation
Cited By Count: 5
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