Thursday, March 05, 2009

'Rule of Law' text transcript

A lecture titled "The Rule of Law" was given by The Rt. Hon Lord Bingham of Cornhill KG, House of Lords. A recording and transcript of the talk is available here.

Lord Bingham speaks of seven sub-rules of Rule of Law:

First, the law must be accessible and so far as possible intelligible, clear and predictable.
Second, questions of legal right and liability should ordinarily be resolved by application of the law and not the exercise of discretion.
Third, laws of the land should apply equally to all, save to the extent that objective differences justify differentiation.
Fourth, law must afford adequate protection of fundamental human rights.
Fifth, means must be provided for resolving, without prohibitive cost or inordinate delay, bona fide civil disputes which the parties themselves are unable to resolve.
Sixth, ministers and public officers at all levels must exercise the powers conferred on them reasonably, in good faith, for the purpose for which the powers were conferred and without exceeding the limits of such powers.
Seventh, adjudicative procedures provided by the state should be fair.