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Pages 10 (2510 words)
It may be thought that "The rule of law is not a legal rule, whether in the context of the British constitution or any other, but a political and moral principle." As there is no compulsion to obey the law opens the way to an easy validation of disobedience on moral and political grounds.
Law so conceived is a set of practical dealings for cooperative social life, using signals and authorizes to guide and conduct channels.
British constitution most distinguishing features - federalism, a constitutionally well-established court, a states' upper house, legislative sanction of treaties, and various other 'checks and balances' were significant innovations, and have over and over again been copied. It was simply in the nineteenth century that Europe began engendering institutional innovations of its own: conscientious parliamentary government, the welfare state, and accountability mechanisms such as the organizational tribunal and the ombudsman.
If the rule of law is the rule of the good law then to explicate, its nature is to set out a complete social philosophy. But if so the term lacks several useful functions. We have no need to be rehabilitated to the rule of law just so as to discover that to believe in it is to believe that good must triumph. The rule of law is a political pastoral which a legal system might lack or might possess to a greater or lesser degree. That much is universal ground. It is also to be persisting that the rule of law is just one of the merits which a legal system may hold and by which it is to be judged. ...
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