The Rule of Law – A Legal Principle

The rule of law is the topic of this very first post of 5 Chancery Lane barristers. So it is only right that we talk a little about it. It is nothing less than a core legal principle which ought to be upheld and respected as the foundation of every democratic society – and rightly so.

The rule of law is a foundation legal principle in that, law and rules, should govern a nation state and these rules should be upheld and respected by citizens and governments alike. This is because without rules there would be injustice.

The rule of law is a foundation principle in that, rules and regulations, should govern a nation state. Law, should govern, as opposed to governance by the arbitrary decisions of individuals and government officials holding public office. The principle also refers to the influence and authority of the law within society. Law serves to act often as a constraint upon behaviour. Not just the behaviour of an ordinary citizen but also the behaviour of government officials.

The rule of law as a principle is not meant to be seen as merely a phrase or an idiom of the English language. There exist many classical writings on the subject, particularly in British and Scottish history, to name a few. The rule of law was referred to by British barrister Albert Venn Dicey (A.V. Dicey) and at the very least the concept, if not the phrase, was also was familiar to ancient philosophers such as Aristotle.

The Rule of Law – The Principle Implication

As stated above, the principle implies that every citizen is subject to the law and that including the law makers themselves. In practical terms, one might say that everyone is therefore subjected to accountability of the law. The rule of law is opposite in many countries because in for example a dictatorship, or oligarchy where the rulers military dictators or other controllers of the state are held above the law.

5 Chancery Lane is founded upon the Rule of Law as core principle as a bedrock and will seek to continue to demand that it be upheld and respected to enable access to justice and the furtherance of the rule of law.