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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 ...
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.
The British constitution is the source of the modern concepts of the rule of law, parliamentary sovereignty and judicial independence and adoption of British constitutional principles propagated their spread around the world.
Some countries were granted independence by an act of the UK parliament (for example, the Statute of Westminster 1931) and have likewise diverged from UK law either under or after British rule. An example at the other end of the spectrum, despite occasional control for geopolitical reasons, British law had little impact on the law of Afghanistan.
The rule according to higher law is a practical approach to the implementation of the higher law theory that creates a bridge of mutual understanding (with regard to universal legal values) between the English-language doctrine of the rule of law, traditional for the countries of common law, and the originally German doctrine of Rechtsstaat ...