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#constitution #law #public
The formal view of the rule of law is that, for there to be government under the law, laws must adhere to certain procedural requirements. This view says nothing about the morality of the law, merely that it must be capable of guiding the behaviour of its subjects so that an individual can be certain of their actions and position within society in any given circumstances. This extends to an expectation of how the citizen will be treated by the state and other private citizens. In order to achieve this quality of certainty, law must be prospective and clear, and it should be adjudicated upon y an independent judiciary with access to the courts available to all citizens. Joseph Raz is a key advocate of the formalist conception of the rule of law.
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