The Constitution and the Rule of Law: An Introduction
Author: Martin van Staden
Date: February 2019
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Rule of Law defined and applied
Author: Leon Louw
Date: 12 September 2012
The central concept of the rule of law is captured in, for example, the American Declaration of Independence as “A government of laws and not of men”. In modern gender-neutral terms we’d say “rule by law, not individuals”. The idea is that rights and obligations should be determined by laws that (a) are made by legitimate means, especially in accordance with the separation of powers, (b) are transparent and readily knowable in advance, (c) comply with disclosed objective criteria, (d) have clearly defined objectives, and (e) are enforced with a high degree of certainty and consistency.
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