Abstract
The rule of law is both a legal principle, central to judicial reasoning and adjudication, and a political ideal underpinning and illuminating constitutional democracy. It should not be identified with a narrowly formal conception of law. It is not merely a set of precepts for ensuring that statutes are correctly framed and capable of being accurately applied to particular cases. The rule of law is rather a commitment to governance in accordance with principles of justice, reflecting a stable legal tradition built on respect for human dignity and equality. Exercise of discretionary administrative powers must meet demanding standards of fairness and rationality; the proceedings of courts, tribunals, and official agencies must satisfy principles of natural justice or procedural fairness. And the civil and political liberties associated with democracy are also key constituents of the rule of law. Ideals of freedom, equality, and legality are closely linked; and these ideals cannot stand with assertions of “sovereignty”, whether by government or Parliament.
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