ABSTRACT

The rule of law is valuable not only because it creates categories which can be seen to be fair and just, but because governance by rule application rather than by individual authority changes the nature of office holders. The applicability of the rule of law in a domestic content relies heavily on the existence of mechanisms for the creation of generalised rules of behaviour with justified categories and public transparency in rule making. The rule of law is, essentially, an effective restraint on power which already exists, as in a national context where a country moves from arbitrary rule to the rule of law, and not a replacement for a non-existent authority and power centre, which it largely is in the international context. Much law is intentionally discriminatory and thus tightly defined and justified criteria such as can only be guaranteed in a public democratic law making session.