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Single Idea 22823

[filed under theme 25. Social Practice / D. Justice / 2. The Law / b. Rule of law ]

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.

Gist of Idea

The rule of law is mainly to restrict governments

Source

John Charvet (Liberalism: the basics [2019], 02)

Book Ref

Charvet,John: 'Liberalism: the basics' [Routledge 2019], p.8


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.


The 12 ideas with the same theme [the law has ultimate authority in the state]:

Magna Carta forbids prison without trial, and insists on neutral and correct process [-, by Charvet]
The people should fight for the law as if for their city-wall [Heraclitus]
The 'Eumenides' of Aeschylus shows blood feuds replaced by law [Aeschylus, by Grayling]
Correct law should be in control, with rulers only deciding uncertain issues [Aristotle]
It is said that we should not stick strictly to written law, as it is too vague [Aristotle]
It is preferable that law should rule rather than any single citizen [Aristotle]
Rule of law is superior to autonomy, because citizens can see what is expected [Hooker,R]
The rule of law is mainly to restrict governments [Charvet]
The 1689 Bill of Rights denied the monarch new courts, or the right to sit as judge [Charvet]
From 1701 only parliament could remove judges, whose decisions could not be discussed [Charvet]
Justice superior to the rule of law is claimed on behalf of the workers, or the will of the nation [Charvet]
The rule of law mainly benefits those with property and liberties [Charvet]