#constitution #law #public
Lord Bingham ascribes to a number of the points made by Dicey over a century earlier, but develops the theory in a more modern and substantive direction. He describes eight sub-rules within his conception of the rule of law. 1. The law should be accessible, clear and predictable.
2. Legal issues should ordinarily be resolved through legal processes and not through exercise of (administrative) discretion.
3. The law should apply equally to all.
4. The law should afford adequate protection for human rights.
5. There should be access to justice in the courts without inordinate delay or expense.
6. Public officials, including ministers, should exercise the powers they have been granted
in good faith and within the limits of those powers.
7. Legal and adjudicative processes should be fair.
8. The state should comply with its obligations under international law.
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