Tuesday, July 24, 2007

Rule of law

http://en.wikipedia.org/wiki/Rule_of_law

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 procedure. The principle is intended to be a safeguard against arbitrary governance. Samuel Rutherford was one of the first modern authors to give the principle theoretical foundations, in Lex, Rex (1644), and later Montesquieu in The Spirit of the Laws (1748).

In continental European legal thinking, rule of law is associated with a Rechtsstaat. According to Anglo-American thinking, hallmarks of adherence to the rule of law commonly include a clear separation of powers, legal certainty, the principle of legitimate expectation and equality of all before the law.


The contrast between the rule of men and the rule of law is first found in Plato's Statesman and Laws and Aristotle's Politics, where the rule of law implies both obedience to positive law and formal checks and balances on rulers and magistrates.

Thomas Aquinas defined a valid law as being one that

is in keeping with Reason
was established by a proper authority
is for the purpose of achieving good
and was properly communicated to all.


In Commonwealth law, the most famous exposition of the concept of rule of law was laid down by Albert Venn Dicey in his Law of the Constitution.

"The rule of law is a political principle the classic exposition of which is in Dicey Law of the Constitution (10th Edn, 1959) p 187 et seq. Dicey identified three principles which together establish the rule of law: (1) the absolute supremacy or predominance of regular law as opposed to the influence of arbitrary power; (2) equality before the law or the equal subjection of all classes to the ordinary law of the land administered by the ordinary courts; and (3) the law of the constitution is a consequence of the rights of individuals as defined and enforced by the courts."

— Halsbury's Laws of England, Vol: Constitutional Law and Human Rights, paragraph 6, footnote 1


... every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen. The Reports abound with cases in which officials have been brought before the courts, and made, in their personal capacity, liable to punishment, or to the payment of damages, for acts done in their official character but in excess of their lawful authority. [Appointed government officials and politicians, alike] ... and all subordinates, though carrying out the commands of their official superiors, are as responsible for any act which the law does not authorise as is any private and unofficial person.

— Law of the Constitution (London: MacMillan, 9th ed., 1950), 194.



http://en.wikipedia.org/wiki/Conservative

Conservatism is a relativistic term used to describe political philosophies that favor traditional values, where "tradition" refers to religious, cultural, or nationally defined beliefs and customs. The term is derived from the Latin, conservare, to conserve; "to keep, guard, observe". Since different cultures have different established values, conservatives in different cultures have different goals. Some conservatives seek to preserve the status quo, while others seek to return to the values of an earlier time, the status quo ante.



http://en.wikipedia.org/wiki/United_States_Declaration_of_Independence

Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.