IRPD Circle

Tuesday, March 06, 2007

The Rule of Law

I found this piece about the rule of law interesting. More is available in Legal Theory Blog.

Requirements on the Rule of Law (No. 1-5 from Rawls, No. 6 added by the author of Legal theory Blog):

1) Compliance be possible: You can not want people to climb the walls!
2) Regularity: Similar cases should be treated similarly. Any distinction should be justified by law.
3) Publicity: Law should be known and clearly defined and be available for public.
4) Generality: You can not pass a law that is only aimed to your cousins!
5) Due process: Procedures are important. They should be fair and orderly.
6) Government under the law: It is obvious what it means. It is almost implied by generality.

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