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This concept of the rule of the law can, therefore, be upheld by even the most tyrannical dictatorship. Such a regime may allow for the normal operation of courts between private parties, and the limited questioning of the government within a dictatorial framework. [1] Whether the rule of law can truly exist without democracy is debated.
The rule of law is enshrined in Article 2 of the Treaty on European Union as one of the common values for all Member States. Under the rule of law, all public powers always act within the constraints set out by law, in accordance with the values of democracy and fundamental rights, and under the control of independent and impartial courts.
As statute gives no further definition, the practical meaning of the "rule of law" develops through case law. The European Court of Human Rights , following common law principles, [ 103 ] protects the rule of law by requiring people's liberty, privacy or other rights are not infringed by the government unless there is a clear legal basis and ...
According to the Department for Education's advice for maintained schools in 2014, "Schools should promote the fundamental British values of democracy, the rule of law, individual liberty, and mutual respect and tolerance of those with different faiths and beliefs". [22]
Keith Ewing and Conor Gearty, The Struggle for Civil Liberties: Political Freedom and the Rule of Law in Britain, 1914-1945 (2000) Oxford University Press; General. Conor Gearty, Civil Liberties (2007) Clarendon Law Series, Oxford University Press; David Feldman, Civil Liberties and Human Rights in England and Wales (2002) Oxford University Press
The principles it expounds are considered part of the uncodified British constitution. [3] He became Vinerian Professor of English Law at Oxford, one of the first Professors of Law at the LSE Law School, and a leading constitutional scholar of his day. Dicey popularised the phrase "rule of law", [4] although its use goes back to the 17th century.
LONDON/HONG KONG (Reuters) -The rule of law in Hong Kong is profoundly compromised in areas of the law where the government has strong opinions, a British judge who recently resigned from the top ...
The English most close analogue is «rule of law». [2] Rechtsstaat is a concept in continental European legal thinking, originally borrowed from German legal philosophy, which can be translated as “legal state” or "state of law", or "state of rights", "constitutional state" in which the exercise of governmental power is constrained by the law.