The Rule of Law

1
The Rule of Law

• How Democracies gain legitimacy

2
Rule of law

• Not a law but the means by which states have the
  legitimacy to place sanctions or coercion on
  individuals by creating penalties for the
  contravention of laws.

3
Requirements for Rule of Law

• Legal Culpability
• Public Law
• Law must be valid
• Universality
• Impartiality

4
State requirements for Rule of Law

• Constitution
• Independent Judiciary
• Public Legislature
• Civilian control over police and military

5
Rule of Law

• Is like a recipe
• Does not guarantee a great meal but sets out
  procedures to make legitimate, if not good, laws

6
Rights

• The triumph of individuals over the state
• Define the boundaries of state power
• But rights can change the interpretation of
  rights can change and constitutions and laws
  can alter rights

7
Canadian Rights

• Freedoms
• Protections
• Benefits entitlement rights

8
Equality

• 3rd guiding principle of justice
• But what is equality?
• US Constitution versus the Cdn Constitution

9
Summary

• Justice and the judiciary are two different
  things
• Rule of law is a framework
• Statutory laws not as powerful as constitutional
  but can be as important
• Everything is political