ABSTRACT

The rule of law is one of the basic tenets of a democratic system. 1 It brings assurances of equality before the law, certainty in applying it, and judgments based not on the whim of individuals but on the authority of the written word. It also bears undertones of justice, fairness and equity. 2 These two aspects are not always in synchronization. In truth, the rule of law, for all its centrality in democratic systems of law, embodies such a wide range of ideas that the ensuing confusion has led to severe critiques – from both radical and arch-conservative (libertarian) perspectives 3 – and reluctant reservations as to its impact on the part of liberal supporters of the idea.