法律英语词汇“rule of law”的翻译、意思、用法、释义-法律词典

单词

rule of law

释义

rule of law

rule of law everyone acts under the law. A phrase as old as Aristotle,

it has a special meaning in the CONSTITUTIONAL LAW of the UK and in relation to discussions of law and politics everywhere. Perhaps the most practically useful sense in which the doctrine is applied is to demand that the executive must be acting under the law. But even then this authority need not be explicit in a state where everyone is free to do anything unless it is prohibited. In another sense it reflects

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rule of recognition

the view that there is a higher law than that of the government. In the UK no parliament can bind its successor, and it is difficult to see the doctrine operating in this sense, although the supremacy of the law of the EUROPEAN UNION has given such a view renewed prominence. The significance of the doctrine in modern times is probably because of the writings of Dicey, who considered that the rule of law involved three issues:

(1) the absence of arbitrary power;

(2) equality before the law; and

(3) liberties and constitutional law generally are the result of law and law made in the courts.

The phrase still has a rhetorical significance, but it is arguable that its technical significance has been overshadowed by the notion of fundamental law or HUMAN RIGHTS.

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