The World Justice Project,
“The Rule of Law is a system in which no one, including government, is above the law; where laws protect fundamental rights; and where justice is accessible to all. ‘The Rule of Law is the underlying framework of rules and rights that make prosperous and fair societies possible.”
Lord Bingham identified eight components of the principle. These have become the benchmark to which almost everybody refers:-
(1) Accessibility of the law (that it be Intelligible, Clear and Predictable);
(2) Questions of legal right should be normally decided by Law and not Discretion;
(3) Equality before the law;
(4) Power must be exercised lawfully, fairly and reasonably;
(5) Human Rights must be protected;
(6) Means must be provided to resolve disputes without undue cost or delay;
(7) Trials must be fair, and
(8) Compliance by the state with its obligations in international law as well as in national law.
The Venice Commission of the Council of Europe refined Lord Bingham’s definition into the following 6 principles:
i. Legality, including a transparent, accountable and democratic process for enacting law,
ii. Legal Certainty,
iii. Prohibition of Arbitrariness,
iv. Access to justice before independent and impartial courts, including judicial review of administrative acts,
v. Respect for Human Rights,
vi. Non-discrimination and equality before the law.
The Rule of Law and Human Rights are intrinsically linked.
The Rule of Law would just be an empty shell without permitting access to human rights. Vice-versa, the protection and promotion of human rights are realised only through respect for The Rule of Law: a strong regime of Rule of Law is vital to the protection of human rights. In addition, The Rule of Law and several human rights (such as fair trial and freedom of expression) overlap.
The Rule of Law focuses on limiting and independently reviewing the exercise of public powers.The Rule of Law promotes democracy by establishing accountability of those wielding public power and by safeguarding human rights, which protect minorities against arbitrary majority rules.
43. The Rule of Law can only flourish in a country whose inhabitants feel collectively responsible for the implementation of the concept, making it an integral part of their own legal, political and social culture.
45. A basic requirement of The Rule of Law is that the powers of the public authorities are defined by law. In so far as legality addresses the actions of public officials, it also requires that they have authorisation to act and that they subsequently act within the limits of the powers that have been conferred upon them, and consequently respect both procedural and substantive law.
Equivalent guarantees should be established by law whenever public powers are delegated to private actors – especially but not exclusively coercive powers.
Furthermore, public authorities must actively safeguard the fundamental rights of individuals vis-à-vis other private actors.
46. “Law” covers not only constitutions, international law, statutes and regulations, but also, where appropriate, judge-made law, such as common-law rules, all of which is of a binding nature. Any law must be accessible and foreseeable.