What does the rule of law actually mean? We vaguely know that its presence distinguishes democracies from totalitarian states and dictatorships, but what are its ingredients? Why does it matter so much, and who enforces it, defends it and makes sure it continues to exist?

The Rule of Law has three basic tenets;

1. The rights of individuals are determined by legal rules and not the arbitrary behaviour of authorities.
2. There can be no punishment unless a court decides there has been a breach of law.
3. Everyone, regardless of your position in society, is subject to the law.

Revise key judicial concepts and ideas using our powerpoint.

The Rule of Law, in its most basic form, is the principle that no one is above the law. The rule follows logically from the idea that truth, and therefore law, is based upon fundamental principles which can be discovered, but which cannot be created through an act of will. The most important application of the rule of law is the principle that governmental authority is legitimately exercised only in accordance with written, publicly disclosed laws adopted and enforced in accordance with established procedural steps that are referred to as due process. The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.

Supporters of a written and clearly defined constitution believe that as society has had its liberties more and more encroached on by central government, the Rule of Law is more important now than ever.

However, the central government has sought and seeks to undermine the basic rights and liberties of the people with an increase in things such as:

• the Official Secrets Act
• the attempt to remove an individual’s right to trial by jury
• the activities of the Secret Service (especially after September 11th)
• removing what were considered traditional rights (such as the removal of the workers right at GCHQ to belong to a trade union under the Thatcher government (though brought back since 1997)
• The gagging clause that now has to be signed by those in the Civil Service after the Clive Ponting and Belgrano issue shortly after the end of the Falklands War

Complete our activity: How effectively can the judiciary control executive and legislative power?

However, individuals still retain a great deal of personal freedom and many individuals will never be affected by the Official Secrets Act or the activities of Britain’s secret services. It is agreed with some justification that a modern society needs bodies like MI5 and MI6 simply because there are a tiny number of individuals who wish to subvert society and have to be dealt with accordingly. A law-abiding individual, it is argued, need never worry about such organisations.

Also there are bodies that theoretically oversee the activities of government agencies and their work – such as the Council of Tribunals and the Parliamentary Commissioner. It is argued that these bodies help to protect the rights of the individual at the expense of any incursions into their personal freedom by government agencies.

Questions to ask…

• If parliament is sovereign, does that mean that it can pass laws that are clearly contrary to the rule of law?
• If we have no written constitution, do we therefore have a parliament that can disregard decisions of the courts?