ESSAY : The evolution of the concept of Rule of Law
The Rule of Law is one of the pillars of the British constitution. This concept should not be confused with the concept of the Rule by law. Theexistence in a country of a set of laws doesn’t mean that the rule of law is necessarily enforced. The rule of law has been considered as one of the key dimensions that determines the quality andgood governance of a country. The concept of rule of law is deeply linked to the principle of justice, involving an ideal of accountability and fairness in the protection and vindication of rights andthe prevention and punishment of wrongs. In the Anglo-American context, the Magna Carta of 1215 was a seminal document, emphasizing the importance of the independence of the judiciary and the role ofjudicial process as fundamental characteristics of the rule of law. In continental Europe notions of rule of law focused on the nature of the State, particularly on the role of constitutionalism.Albert Venn Dicey (1835-1922) was a British jurist and constitutional theorist. He wrote An Introduction to the Study of the Law of the Constitution (1885). The principles it expounds are considered partof the uncodified British constitution.
Tom Bingham is among the most influential judges of the twentieth century. His judicial and academic work has deeply influenced the development of the lawin a period of substantial legal change. In particular his role in establishing the new UK Supreme Court, and his views on the rule of law and judicial independence have left a profound mark on UKconstitutional law. He defines the principle of rule of law as being that “all persons and authorities within the state, whether public or private, should be bound by, and entitled to, the benefit of lawspublicly and prospectively promulgated and publicly administered”.
Convergences between Dicey and Bingham ‘s concept of rule of law Concept of proportionality According to...
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