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Nov 17, 2022 · Who benefits? and How is it possible for law to rule? This chapter answers these questions. It articulates and defends three principles that immediately follow from the core idea of the rule of law: sovereignty of law, equality in the eyes of law, and fidelity.
This chapter defends the centrality to the rule of law of the task of protecting individuals from power wielded by non-governmental entities and individuals. It also argues that the rule of law takes hold in a polity only when law is planted firmly in a commonwealth of mutual faithfulness to the differentiated and interconnected ...
Parliamentary sovereignty is often said to be ‘the defining principle of the British Constitution’. Parliamentary sovereignty means that Parliament is the supreme legal authority in the UK. This means that: Parliament can create or get rid of any law. the courts cannot overrule Parliament.
to determine the kind of fidelity that constitutional law requires? That is the question I want to address here. Let me summarize the answer first and then present an argument for it. My answer is that everything depends on putting together the two foundational ques-tions of constitutional law-rather than treating them separately, and
(a) The Rule of Law and Lawful Authority. A core idea of the rule of law to which all would subscribe is that the government must be able to point to some basis for its action that is regarded as valid by the relevant legal system.
It also argues that the rule of law is realized when law is planted firmly in a commonwealth of mutual faithfulness to the differentiated and interconnected responsibilities of fidelity to...
The rule of law is an amalgam of standards, expectations, and aspirations: it encompasses traditional ideas about individual liberty and natural justice, and ideas about the requirements of justice and fairness in the relations between the government and the governed.
