display all the ideas for this combination of philosophers
5 ideas
| 22828 | The rule of law mainly benefits those with property and liberties [Charvet] |
| Full Idea: A rule of law regime will primarily benefit those possessing property and liberty rights. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: Important. It's no good fighting for the law if the law doesn't protect what you have got, or if you have got nothing to protect. Important steps must precede assertion of the rule of law. |
| 22823 | The rule of law is mainly to restrict governments [Charvet] |
| Full Idea: The rule of law is directed at the restriction of the power of governments as much, if not more, then the power of private individuals. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: The more powerful you are the more restricting is the rule of law. Every government is tempted to change the law to expand its powers. The UK government has just legislated to restrict public demonstrations. Law is the people's weapon against autocrats. |
| 22825 | The 1689 Bill of Rights denied the monarch new courts, or the right to sit as judge [Charvet] |
| Full Idea: The 1689 Bill of Rights said the monarch could not create new courts of law, or act as a judge at law. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: The background was the abolition of the court of Star Chamber in 1641, which had been secret, severe, and controlled by the monarch. Is it possible to create a new type of court, or are we stuck with the current ones? |
| 22826 | From 1701 only parliament could remove judges, whose decisions could not be discussed [Charvet] |
| Full Idea: In 1701 UK judges were given secure tenure, being removable only by parliament which at the same time undertook to follow a convention not to discuss particular judicial decisions. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: In recent years the UK Daily Mail published the pictures of three judges, and labelled them 'traitors' because of their verdict about leaving the European Union. |
| 22827 | Justice superior to the rule of law is claimed on behalf of the workers, or the will of the nation [Charvet] |
| Full Idea: Communist leaders justify themselves as the embodiment of the people's will as workers, and fascist leaders as expressing the will of the nation. Both believe their policies contain a superior justice on this basis. | |
| From: John Charvet (Liberalism: the basics [2019], 02) | |
| A reaction: [compressed] A neat summary of why the rule of law might be rejected (other than by simple tyrrany justified only by force). In modern democracies recent right-wing governments have pushed back the law and attacked justice on this basis. |