The former Supreme Court
judge, Lord Bingham of Cornhill has set out
8 principles which he saw as
being the key ingredients of the Rule of
Law. These were:
-
The law must be
accessible, intelligible, clear and
predictable.
-
Questions of legal
right and liability should ordinarily be
resolved by the exercise of the law and
not the exercise of discretion.
-
Laws should apply
equally to all.
-
Ministers and public
officials must exercise the powers
conferred in good faith, fairly, for the
purposes for which they were conferred –
reasonably and without exceeding the
limits of such powers.
-
The law must afford
adequate protection of fundamental Human
Rights.
-
The state must provide
a way of resolving disputes which the
parties cannot themselves resolve.
-
The adjudicative
procedures provided by the state should
be fair.
-
The rule of law
requires compliance by the state with
its obligations in international as well
as national laws.