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Aristotle once said “The rule of law is better than that of any individual.”

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The supremacy of the law is a fundamental concept in the western democratic order. The rule of law requires both citizens and governments to be subject to known and standing laws. A corollary to this is that the rule of law presupposes the absence of wide discretionary authority in the rulers, so that they cannot make their own laws but must govern according to the established laws. Those laws ought not to be too easily changeable. Stable laws are a prerequisite of the certainty and confidence which form an essential part of individual freedom and security.

The idea of the supremacy of law requires a definition of law. This must include a distinction between law and executive administration and prerogative decree. A failure to maintain the formal differences between these things must lead to a conception of law as nothing more than authorization for power, rather than the guarantee of liberty, equally to all.

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Last Updated on Wednesday, 02 September 2009 23:21
 
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